Agreements for Future Relief from Automatic Stay
The question, "Can we get them to agree not to file bankruptcy in the future?" must be near the top of the list of things clients most commonly ask their transactions and workout lawyers.
Features
And on the 46th Day, Who Wins?
This article provides a review of the basic principles of federal tax liens and secured transactions under Article 9 of the UCC ("Article 9") and discusses certain issues that arise with respect to the priority of federal tax liens against certain interest holders under the "45-day rule" of the Internal Revenue Code of 1986, as amended (the "Code").
Features
What Your Terms and Conditions Tell Your Customers
What businessperson hasn't complained about how lawyers ruin deals? The simple handshake and bar-napkin agreement too often turns into hundreds of pages of fine print, with hourly billing to match. Yet neither party really knows whether it all actually states the deal as each understood it over handshakes. Sometimes the fallout begins because the contracts are unintelligible to the layman ' not good. Other times, the lawyer may have taken far longer than the deal allowed to write a contract, or simply blew the budget ' also not good. Whatever the cause, these problems lead many businesspeople to wonder whether their lawyers are for them, or against them.
Features
When and How Can Departing Lawyers Contact Clients?
A primer on ethically contacting clients after a lawyer has left his or her firm.
In the Spotlight: The Right of a Landlord to Share in Consideration Received in Connection with Transferring Leased Property
This article examines three common provisions used by landlords to obtain all or a portion of the excess rents or other consideration received by a tenant pursuant to a sublease or assignment. Additionally, it addresses issues associated with the enforcement of these provisions and the landlord's ability to receive excess rent where the lease is silent on the issue.
Profits Per Me (PPM)
Lateral partner candidates need to look beyond PPP and focus on what the authors call PPM ' "profits per me." Averages are great, but how much of the law firm's profits can one fairly expect to get?
<i>Product Review</i> Acrobat 9.0 Looks Quite the Same, But Feels Very Different
Who can dispute that the Portable Document Format has become the lingua franca of legal documents today? PDF is the standard for electronic filing, scanned documents, digital signatures, form distribution, and much more. Adobe has now released version 9 of its flagship application, and while there isn't much that is brand new, there are some noteworthy improvements for the legal community.
Features
Ethical Issues of the 21st Century
Why and how a "confidential e-mail" might not be so confidential--and what can ensue when it leaks.
Features
To Catch an e-Criminal
Someone is stealing electronic data from you ' right now. A person your firm or company has trusted for years is doing things that are making you suspect he or she is stealing. You don't know how or with whom, but you know something is wrong. What do you do? Where do you turn? How do you find out for sure?
What's So Great About SharePoint?
The popularity of SharePoint is undeniable. As the legal competitive landscape intensifies, more and more firms are looking to SharePoint to improve client service and collaboration. SharePoint allows law firms to store and locate critical information in convenient, flexible, sites, bringing it together in a meaningful way and enabling attorneys to become educated on industry trends and client concerns via the use of wikis, blogs, RSS feeds and the like. Below is an outline of the key benefits of SharePoint to law firms of all sizes, and how firms can take advantage of these features.
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MOST POPULAR STORIES
- 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 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 ›
- 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 ›
