General Growth Properties
To the surprise of many, when General Growth Properties Inc. ("GGP") commenced a Chapter 11 proceeding in April 2009, it caused 166 solvent bankruptcy remote entities that were current on all their indebtedness (the "General Growth SPEs") that each owned a single mall property to also file Chapter 11 petitions.
Listening In: The Use of Audio Recordings In Family Proceedings
Recordings of these husband/paramour and mother/child conversations are inadmissible in court because they are the fruit of what, under New York law, is criminal eavesdropping ' none of the parties to the conversations have consented to the recording. However, sound recordings of relevant events are admissible in evidence as long as a proper foundation is laid.
An Exception That Could Swallow the Rule of Qualified Immunity
Traditional attorney immunity to suits by non-clients is under a new line of attack that threatens to vitiate the general rule. The threat is exemplified by a recent insurance-related decision of the Arizona Court of Appeals, <i>Chalpin v. Snyder</i>, wherein the court largely ignored the customary exceptions and permitted non-clients to pursue causes of action against attorneys for aiding and abetting breaches of fiduciary duty by their client.
Features
IP News
Highlights of the latest intellectual property news from around the country.
Not Much Ado About Having Nothing
During the existing economic downturn, there has been much litigation seeking downward modification of support orders in New York. This two-part article discusses the trend in New York and other states to deny downward modifications.
A Negative Light
The Florida Supreme Court recently ruled that false light invasion of privacy is not a valid cause of action in Florida, opting instead for a new claim titled "defamation by implication."
Protecting Your Client's Maintenance Rights
In high net worth divorce cases, the amount of maintenance to be paid to the non-wage earner spouse is often a critical issue for determination. In those situations, a family law practitioner should seriously consider using a lifestyle expert to assist the court in establishing lifestyle and reasonable living expenses.
Responding to Client Calls for Value
Over the past year, market dynamics have aligned, creating an opportunity to transform services provided by law firms in order to better meet or exceed client demands.
Billing and Collections
Opportunities exist in the back office for law firms to reduce administrative expenses, improve cash management, and increase staff performance to optimize and deliver exceptional customer service. Trends suggest that by focusing on the billing and collections function, a firm may find success in achieving these objectives.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
