Features
Court Finds Compelled Purchase Option in SILO Case
Conclusion of a discussion on the recently decided <i>AWG Leasing Trust</i> case, in which a federal district court found against a taxpayer that engaged in a cross-border sale-leaseback of a waste-to-energy facility located in Germany.
Features
Safeguarding Brands
Because the Internet provides opportunistic criminals with a powerful platform for marketing their tainted goods on a mass scale, and with limited funding and personnel, law-enforcement agencies are unable to make a noticeable dent in the fight against counterfeits, leaving companies with the costly burden of protecting their customers. In the face of ubiquitous and pervasive budget cuts, today's innovative in-house counsel deploys non-traditional responses via technology, to show senior executives some visible, cost-effective results.
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").
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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.
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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.
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- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›