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The Impact of the Credit Crisis on DIP Financing Image

The Impact of the Credit Crisis on DIP Financing

Michael H. Torkin & Danielle B. Kalish

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).

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File for Chapter 11, Get the First Month's Rent Free? Image

File for Chapter 11, Get the First Month's Rent Free?

Yitzhak Greenberg

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.

August issue in PDF format Image

August issue in PDF format

ALM Staff & Law Journal Newsletters

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Features

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

Are Web Applications a Security Concern? Image

Are Web Applications a Security Concern?

Richard Raysman & Peter Brown

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 Image

Technology in Marketing: How to Drive Traffic to a New Niche Law Blog

Joshua Fruchter

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 Image

Client Intelligence: Q & A with Emily Cunningham Rushing

Shannon Sankstone

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.

August issue in PDF format Image

August issue in PDF format

ALM Staff & Law Journal Newsletters

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Features

IP News Image

IP News

Howard Shire, Matthew Berkowitz & Edward Platt

Highlights of the latest intellectual property news from around the country.

Insurance Coverage for Trademark Infringement Lawsuits Image

Insurance Coverage for Trademark Infringement Lawsuits

Richard D. Milone & and John W. McGuinness

This article provides an overview of case law holding that insurance companies are obligated to provide coverage for trademark claims under advertising injury coverage, even when the word "trademark" does not appear anywhere in the policy. Further, it discusses rulings on the prior publication exclusion, which insurers frequently assert applies to advertising injury in the trademark infringement context.

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MOST POPULAR STORIES

  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • Inferring Dishonesty: The Fifth Amendment and Fidelity Coverage
    Dishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud &amp; Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>
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