Features
Federal Rule of Evidence 502
The first part of this article summarized the law of inadvertent waiver of privilege and the evolution of courts' approaches to this problem. The conclusion offers a roadmap for the product liability practitioner to navigate the opportunities and challenges presented by Rule 502, and illustrates how to protect a client's privileged communications in a cost-conscious way.
Business Incentives and Property Taxes in Bankruptcy
Bankruptcy is a dark cloud on a company's business. However, business incentives and property taxes can be a silver lining by bringing precious value ' such as property tax abatements, sale/use tax exemptions and, in some instances, favorable financing and utility rate reductions ' to help the company on its road to economic recovery.
The Impact of the Credit Crisis on DIP Financing
Prior to the global credit pandemic, a company in default or that faced a near-term covenant breach could either obtain relief through waivers and amendments, or refinancings. As the availability of credit shrank, the latter choice was no longer a viable solution. Moreover, a by-product of the frozen credit markets was the unexpected contraction of available debtor-in-possession financing (DIP financing).
Features
File for Chapter 11, Get the First Month's Rent Free?
Two recent court opinions challenge the growing consensus that 11 U.S.C. ' 365(d)(3) (the "Statute," or "Section 365(d)(3)") does not require the timely payment of stub rent, which is "the rent for the interim period between the day the order for relief was entered in the bankruptcy case and the end of that month." This article offers an analysis.
Features
Are Web Applications a Security Concern?
Private companies with external Web sites can be susceptible to attackers looking to commit defacement or infiltrate computer networks to steal sensitive information. Here's what you need to know.
Technology in Marketing: How to Drive Traffic to a New Niche Law Blog
Blogging is hot among lawyers, but for every lawyer who launches a new blog, only a small percentage ultimately develop high levels of traffic and a loyal leadership. The question thus arises: What does it take to successfully launch a new law blog?
Client Intelligence: Q & A with Emily Cunningham Rushing
The author recently interviewed Emily Cunningham Rushing, the CI Specialist at Haynes and Boone LLP. Ms. Rushing spoke about CI at her law firm, how her education has shaped her career, and how she sees CI evolving over time.
Features
IP News
Highlights of the latest intellectual property news from around the country.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.Read More ›
- 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 ›