Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
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Parallel Proceedings: The End of an Error?
Jefferson M. Gray
Three years ago, two similarly minded district court decisions rocked federal regulatory agencies and the Department of Justice (DOJ) by rejecting longstanding assumptions about the proper conduct of simultaneous civil and criminal investigations, commonly known as 'parallel proceedings.' This article analyzes those decisions.
Features
The Precedential Effect of BAP Decisions
Anthony Michael Sabino
The bench and bar are well acquainted with the principles of <i>stare decisis</i> and controlling precedent, but after nearly 25 years, we have yet to definitely settle the question of the precise binding effect and precedential value of decisions issued by one of the most misunderstood tribunals within the federal court system, the bankruptcy appellate panels (BAPs). A recent bankruptcy court decision from Ohio reminds us that the controversy goes on unabated ...
Features
Enron and Anna Nicole Smith
Ronald R. Sussman
&
Seth Van Aalten
This article explains, in the bankruptcy litigation context, the probate exception, an arcane and traditionally misunderstood common law exception to federal jurisdiction.
Courts Issue Bearish Chapter 15 Rulings in Bear Stearns Cases
Kurt Mayr
&
Evan Flaschen
The subprime mortgage crisis and the high-profile meltdown of two Bear Stearns investment funds have generated the highest profile Chapter 15 rulings since its enactment in 2005. Herein is an analysis of those rulings.
Retail Hours of Operation: A Tenant's Perspective
Glenn A. Browne
In a retail setting, especially in situations where the landlord is receiving a percentage of the gross sales earned by the tenant, landlords will attempt to establish minimum (and maximum) hours of operation for the tenant. Also, the landlords quite often reserve the right to modify these hours of operation upon providing notice to the tenant. This requirement that the tenant be obligated to be open for business for certain specified hours may have far-reaching effects on the net income of the tenant derived from its business operation.
GCs Bristle at Proposed Disclosure Rules
Zusha Elinson
Accounting rule adjustments rarely elicit even a yawn from the legal community. But changes proposed by the Financial Accounting Standards Board that would force public companies to disclose more about the risks of litigation have caused a howl of protest among general counsel and corporate and defense lawyers.
Health Care Account Choices for Law Firms
Richard H. Stieglitz
&
Martin Arking
With the rising care of health costs, many law firms are finding it economically difficult to provide their employees with health insurance. One of the ways law firms are mitigating this issue is by offering health insurance plans with greater employee out-of-pocket expenses. Congress offers several types of tax-favored accounts that a law firm can provide to its employees that can be used to pay for these additional medical expenses. Each type of account comes with advantages and disadvantages, which are explored in this article.
Innovation in the Law Firm World
Kristin K. Stark
Despite over a decade of widespread discussion of innovation within the corporate environment, innovation within law firms remains a relatively unfamiliar topic. The meaning of the word 'innovation' (often defined as 'the act of introducing something new') remains foreign within the context of law firm services, processes, and operations. Very few law firms recognize the opportunities associated with innovation or the market and competitive pressures that will ultimately drive successful firms toward this important business concept. In many ways, innovation represents an untapped opportunity for law firms ' the next great frontier for firms looking to expand their businesses and improve their competitive positions.
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