Prior to the current global recession, companies filing for Chapter 11 bankruptcy protection were able to secure financing with relative ease. In recent years, a competitive market for DIP lending had developed among investment banks, private equity firms, hedge funds and traditional lenders such as GE Capital.
- November 23, 2009John J. Rapisardi and Peter M. Friedman
Who's doing what; who's going where.
October 29, 2009ALM Staff | Law Journal Newsletters |Recent case law on subrogation supports the notion that in the appropriate circumstances, third parties that pay a policyholder's loss are themselves subrogated to the policyholder's rights against the insurance company for coverage.
October 29, 2009Michael T. SharkeyAn appraisal provision is a common feature of first-party property insurance policies, designed principally to efficiently resolve disputes over the amount of loss or replacement cost for a covered claim. However, disputes over what constitutes an appropriate topic for appraisal can negate the efficiencies that might otherwise be gained.
October 29, 2009Catherine A. Mondell and Seth C. HarringtonThe Texas Supreme Court literally took the notice "bull by the horns" and issued two groundbreaking decisions. As a result, under Texas law, an insurer must now show prejudice to deny payment on a claims-made policy, or a claims-made and reported policy, when the carrier's denial is based upon the insured's alleged breach of a policy's prompt-notice provision and notice is provided within the policy's coverage period (or any contracted-for extended reporting period).
October 29, 2009Gregory H. Horowitz and Mark D. VillanuevaChinese companies are increasingly becoming aware of IP matters and are realizing the power of protecting IP through filing at the SIPO and foreign jurisdictions.
October 29, 2009Ram Deshpande and Dr. Alok AggarwalOne would think at first glance that the 2008/2009 global recession has also affected the U.S. Patent and Trademark Office. However, based on patent application filings made through June 30, 2009, this does not appear to be the case.
October 29, 2009Phillip ArticolaIn the high-stakes world of U.S. patent litigation, an opinion of counsel can be a useful weapon for defending against claims of patent infringement. This article presents practical tips regarding obtaining and using opinions of counsel under U.S. patent law.
October 29, 2009Annora A. Bell, Debra A. Lange and C. Edward Polk, Jr.While there are aspects of re-examination that can greatly benefit both the patent owner and the accused infringer, there are also significant risks that must be considered before pulling the trigger on re-examination.
October 29, 2009Larry RobertsIt is vitally important that partners examine the culture of their firm before making "blanket" modifications to the partnership structure/admission practices simply to satisfy the current, and perhaps short-term, economic issues.
October 29, 2009Joel A. Rose

