Features
The Impact of the Credit Crisis on DIP Financing
A byproduct of the frozen credit markets was the unexpected contraction of available debtor-in-possession financing (DIP financing). Historically, DIP financings have had the lowest default rates among commercial loans, and until the recent market disruption, only two significant DIP loans had defaulted, and only one of those resulting in a sub-par recovery.
Features
Addressing Last-Minute Tables of Authorities and Contents Issues
I've seen too many files squeeze in right under a filing or courier deadline. Everything is in order, the document content, footnotes, citations, and your tables. Just prior to, or after clicking the final Save, Send or Print, the Table of Authorities ("TOA") and Table of Contents ("TOC") are updated: The tables fall apart, page numbering is incorrect, text mysteriously appears or disappears from within the table, and formatting takes on a whole new look (and not for the better). I don't see this scenario changing much. Last-minute edits are the nature of the beast. I won't even go into the frayed nerves! What can change is understanding why the tables "fell apart" in the first place, and how to get that file out the door in an acceptable format. You can worry about fixing the file at a later time.
Creating a Law Firm Learning Environment
Earlier this year, my firm made it a goal to improve the impact and effectiveness of training efforts, and we made a number of adjustments to our approach. Based on user feedback, we made a shift to shorter classes, focused on very specific topics. We also sent a clear message that we would support "just in time" training, letting our folks know that if they had a problem and didn't know how to best solve it, we would bring training resources to bear immediately so they could apply new skills at the exact moment that they needed them.
Features
The Equipment ABS Market
This article: 1) as a matter of background, discusses the basic economics of a TALF loan backed by equipment ABS and provides a general overview of the collateral eligibility requirements of TALF relating to equipment ABS, and 2) discusses the key hurdle (i.e., achieving a AAA rating) prospective issuers have encountered, and will likely continue to encounter in the near term under the existing paradigm, in their attempts to structure and execute equipment ABS in the current market.
Features
Enforceable Browse-Wrap Contracts
Doing business over the Internet is increasingly automated. In the past, Web sites used "terms of use" agreements which include an Internet mechanism to affirm consent to be bound by the agreement (click-wrap). Increasingly, browse-wrap agreements are replacing click-wrap agreements.
Features
Music Site Ruled Not 'Interactive' Enough
A Webcasting service that provides users with individualized Internet radio stations is not required to pay licensing fees to copyright holders of the songs the service plays, the Second U.S. Circuit Court of Appeals has ruled.
Features
Immunity for Web Site Owners
Web sites, social networks and other interactive service providers facilitate the display and exchange of a staggering amount of user-generated information, much of it idle chatter, meaningful commentary and helpful information, though some of it defamatory and offensive speech. Without certain protections, a site owner could face liability, and such a threat conceivably would have a chilling effect on the vibrant exchange of ideas on the Web.
Features
The PPC Trademark Battle Continues
The Second Circuit's recent decision in <i>Rescuecom Corp. v. Google, Inc.</i> is but one more step in a long-standing battle that's likely to continue for some time; it's been five years already, and the court merely ruled on a technicality that allows the case to run longer still. Most Google users and advertisers are blissfully unaware of what's going on, and even many involved in Internet commerce don't understand the implications.
Bit Parts
Anti-SLAPP Motion over Paris Hilton Suit Is Denied<br>DVD Kiosks Company's Anti-Trust Claim Against Universal Moves Forward<br>Song Suit over Movies Dismissed For Lack of Personal Jurisdiction
Features
Cameo Clips
CLAIMS OVER PHOTOS, PERFORMANCE IN DVD<br>COPYRIGHT INFRINGEMENT/SAMPLED RECORDING
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›