A buyer purchases certain assets and assumes certain liabilities of a seller under an asset purchase agreement. However, after the transaction closes, the buyer files for bankruptcy under Chapter 11 of the Bankruptcy Code and eventually rejects the asset purchase agreement. From a deal lawyer's perspective, the issue is: What impact does the bankruptcy filing and the contract rejection have on the carefully drafted, thoroughly negotiated asset purchase agreement?
- March 28, 2011Patrick J. Leddy, Charles M. Oellermann and Joseph M. Witalec
This article reviews equipment finance negotiations in terms of general negotiating rules and advice for lawyers and their clients.
March 28, 2011Barry MarksWith the enactment of 100% bonus depreciation under the "Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010," many companies with active Like Kind Exchange programs are wondering whether it makes sense to suspend their LKE programs for the balance of 2011.
March 28, 2011Jeff NelsonWho's doing what; who's going where.
March 28, 2011ALM Staff | Law Journal Newsletters |Law firms are ranked ninth in terms of organizations with the highest risk of cyber exposure.
March 28, 2011W. Brian Ahern and and Christine ClarkHere is a Top Ten list of concerns for in-house lawyers and the companies they represent.
March 28, 2011Michael GrecoThis article contains tips for drafting effective separation and settlement agreements that maximize the employer's return on its severance or settlement payments to departing or former employees.
March 28, 2011Bill WortelRetaliation claims are the most dangerous and powerful of allegations under Title VII. The Thompson v. North American Stainless LP decision has the potential to dramatically expand the scope of such claims.
March 28, 2011Sid SteinbergUnlike their public sector counterparts, private-sector employees have historically enjoyed little protection against unreasonable property searches by their employers. Is the legal landscape changing?
March 28, 2011Wendi S. Lazar and Seth M. Marnin

