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.
Features
Taking Responsibility for the e-Discovery Process
This article provides a checklist of best practices for both in-house and outside counsel to consider, discuss and monitor throughout the litigation to ensure confidence in the client relationship and the e-discovery process.
Is Your Company Sitting on Buried Treasure?
In order to find buried treasure in your company's insurance policies, it is first important to understand how it was lost in the first place. There are many ways in which companies overlook or fail to pursue available insurance resources. Here are some of the more common.
The NLRB Wants to Be Your 'Friend'
Many employers have implemented or at least considered implementing Internet/social media policies in an effort to protect their reputations, protect their employees, and prevent the dissemination of confidential or proprietary information on the Internet. These policies seem to make perfect sense, but unfortunately, employers need to re-think them in light of the National Labor Relations Board's recent decision in <i>Hispanics United of Buffalo, Inc.</i>
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, including amendments to Delaware's corporation, LLC and LP laws. It also looks at some recent decisions of interest, including two from the Delaware Supreme Court.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
