Features
Rethinking Boilerplate
If boilerplate provisions are not considered in light of the positions of the respective parties to a leasing transaction, a party can be left exposed to substantial liability or without a remedy for the rights it has so carefully negotiated.
Features
Projected Reform of German Insolvency Law
A large number of U.S. companies have investments in German entities. Should one of these German companies face a severe financial crisis, the U.S. shareholder must deal with German insolvency laws and procedures concerning its German subsidiary.
Features
Selling to an LLC?
Late last fall, the Delaware Court of Chancery issued a decision that surprised many business law observers and practitioners.
Features
Recharacterization: It's Not All About Equity or Insiders
In <i>Lothian Oil</i>, discussed herein, the Fifth Circuit considered for the first time whether a bankruptcy court has the power to recharacterize debt as equity.
Features
Bankruptcy Court Denies Confirmation of WaMu's Plan of Reorganization
Sending the debtors back to the drawing board after almost three years in bankruptcy, the bankruptcy court has for the second time denied confirmation of the Plan of Reorganization for Washington Mutual, Inc. ("WaMu").
Features
Worldox Takes Center Stage at Calfee with GX2 and Productivity Suite Upgrade
In early 2011, we began planning to move offices, prompting us to take stock of all our technology. We were running Windows XP and Office 2007 and could have stayed on Worldox GX, but GX2 included a feature called "Workspaces" which would help us supplement our author-based profiling system, thereby helping lawyers and staff to organize and find documents more readily. Thus, we began to build the case internally for upgrading to GX2.
Features
Increasing Speed and Confidence in Second Request Responses with New Technologies
Responding to Hart-Scott-Rodino Act Requests for Additional Information and Documentary Materials (more commonly known as "Second Requests") presents substantial challenges in assembling a comprehensive and complete production of requested information and documents from company archives.
Features
Five Ways You May Be Contributing to a Data Breach
While attorneys understand the importance of client confidentiality, many are less concerned about data security. This can be a serious oversight, since law firms are becoming increasingly vulnerable to security breaches. As other industries such as healthcare, financial services and the government start to recognize the dangers of security breaches and deploy more stringent security measures, the hacker community has begun to eye the legal industry as low-hanging fruit.
Mind the Gap: Innovative Efforts to Improve the e-Discovery Process
While many scholars and practitioners continue to simply lament the widening gap between "ideal" e-discovery regulations and the painful realities of the current legal system, a growing minority from both the bench and bar are working hard to fill the void in a number of innovative ways.
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MOST POPULAR STORIES
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›