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Bankruptcy courts, practitioners, trustees and examiners are facing a new reality with which many federal court litigants and their counsel are already painfully familiar: The dire economic and legal consequences of failing to properly identify, preserve, collect, review and produce relevant ESI electronically stored information (ESI).
Parties to preference and fraudulent transfer actions should pay careful attention to the decision in <i>In re Caremerica, Inc.</i>, where the judge dismissed certain avoidance claims and upheld others asserted by a Chapter 7 trustee. <i>Caremerica</i> provides useful guidance on whether particular elements of a preference or fraudulent transfer claim have been adequately pled.
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An integrated blog added to your online presence is certainly a consideration for any lawyer today looking to market his or her practice and/or firm. There are a handful of reasons why ' and why not ' to launch a blog.
When associates think about client development they think of buzzwords ' the cliche "elevator speech," or "pounding the pavement." To the other 99% of associates, these vaguely defined activities often seem onerous.
Features
This article recently ran in our sister publication entitled Internet Law & Strategy. We felt it was important to share with our readers.
Features
This article recommends using social media for business and career development, and presents five non-exhaustive reasons why attorneys should consider using social media for themselves or for their firms. The <i>what</i> and <i>how</i> of blogging, Twitter, Facebook, etc., are beyond the scope of what is covered here. This discussion is about <i>why</i> a lawyer might want to use social media.
Features
A bunch of loose nails can be pounded with a shoe or a rock, but why not buy a hammer so you have the right tool for the job? Similarly, a load of transcripts can be tagged with sticky flags and painstakingly summarized on a yellow legal pad, but why not use software to help you comprehensively manage and annotate them? TextMap 5 from LexisNexis (formerly CaseSoft) is the right tool for the job.
Highlights of the latest equipment leasing news from around the country.
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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.
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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.
