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The U.S. Court of Appeals for the Seventh Circuit held on May 5, 2009, that two secured lenders were fully secured, "entitled to a full recovery" from the debtor ("UAL") despite the bankruptcy court's improper valuation of the collateral (improved airport terminal space) securing the lenders' underlying $60 million loan.
The recent financial crisis and dislocation in the financial markets has had significant consequences for bankruptcy and restructuring professionals. One such consequence is a dramatic increase in the use of debt exchange offers as a liability management tool.
Features
While the Eastern District of Texas remains today one of the busiest patent litigation venues in the country, it is clear that <i>TS Tech</i> has led to an increase in the percentage of cases being transferred out of the EDTX and a significant decrease in the number of new patent cases being filed there.
Features
Despite the surface simplicity of keyword advertising disputes (typically entailing unwanted use of the exact trademark of a direct competitor promoting competing goods or services) the web the courts have spun addressing such Web-based advertising has been anything but. Fortunately, the Second Circuit's April 3 decision in <i>Rescuecom Corp. v. Google, Inc.</i>(on the one-year anniversary of oral argument), straightens at least some of the tangled seams by recognizing that keyword ads tied to a trademark do constitute a use in commerce of the subject mark.
Features
In the context of law firms, strategic planning represents a methodology for developing a shared organizational view of the desired direction for the firm and outlining the process by which the firm will move in that direction. For many firms, movement along the firm's chosen strategy can be intensely challenging, and too often, implementation efforts fail.
With the application of non'legal-industry business principles to relationships with their law firms, clients are directly affecting alternative billing structures. And innovative law firms are rising to the occasion.
This article summarizes the author's approach to law firm valuation, which has been tested in the contexts of law firm acquisitions and equity buy-outs.
As the demand for exit and acquisition financing continues to exceed the supply, it is safe to assume we will continue to see a number of "busted deals.
Features
Part One of this article provided an overview of the three common structures typically used in connection with syndication of equipment finance transactions, as well as addressed UCC issues and syndication of motor vehicle leases. This second installment discusses types of recourse to the seller; allocation of taxes, costs, and expenses; servicing; remarketing and residual support; and securities laws issues.
