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Business Incentives and Property Taxes in Bankruptcy

Jerome M. Schwartzman & Gregory C. Burkart

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

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).

Features

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.

Features

Movers & Shakers

ALM Staff & Law Journal Newsletters

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

Features

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

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

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.

Features

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

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.

Features

Professional Development: Maximizing the Impact of Women's Programming

Jennifer G. Gallinson & Emily Mulder Milman

It's no secret that our clients are busy. From spa days to fancy dinners, they likely have more invitations for law firm networking events than they have the time (or the desire) to attend. This is especially true for our female clients, who often find their available time further compressed by obligations outside the office.

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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
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