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What's Hot, What's Not Image

What's Hot, What's Not

ALM Staff & Law Journal Newsletters

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

Features

Profitable Use of Associates Image

Profitable Use of Associates

Joel A. Rose

To evaluate its policies and procedures for associate recruiting, career development, and profitability, a firm must take stock of its current recruiting and associate career development program, assess its future needs, and set in motion a unified plan that involves all components of the organization.

Features

India: The International Hotspot -- Franchising Goes East Image

India: The International Hotspot -- Franchising Goes East

Graeme Payne & Lisa Sen

Despite the positive economic conditions and the demand for international brands, the Indian legal framework still raises some barriers to international business. The Indian government has the delicate task of balancing what is perceived to be in the interest of local businesses and those of foreign investors.

<b><i>Online Exclusive:</b></i> Comcast and Pando Networks to Create Peer-to-Peer Bill of Rights Image

<b><i>Online Exclusive:</b></i> Comcast and Pando Networks to Create Peer-to-Peer Bill of Rights

Samuel Fineman

Comcast Corporation and Pando Networks, Inc. announced late last month that they will lead an industry-wide effort to create a peer-to-peer Bill of Rights and Responsibilities ('BRR') for P2P users and Internet Service Providers. The two companies plan to collaborate and engage with industry experts, other ISPs and P2P companies, content providers and others to set a framework for the BRR that can serve as best practices. The purpose would be to clarify what choices and controls consumers should have when using P2P applications as well as what processes and practices ISPs should use to manage P2P applications running on their networks.

Features

Bringing Lateral Attorneys on Board: A Blueprint for Success Image

Bringing Lateral Attorneys on Board: A Blueprint for Success

Bruce Jackson

Part One of this article discussed the importance of personal ownership of the lateral integration process and the importance of a formal business plan for lateral moves. This second installment addresses the more specific elements of the business plan and other 'how's' and 'how not's' in the lateral integration process.

Features

Supreme Court's LaRue Decision Interprets ERISA's Remedies to Fit a 401(k) World Image

Supreme Court's LaRue Decision Interprets ERISA's Remedies to Fit a 401(k) World

Stuart Sirkin & Christa Haas Bierma

In <i>LaRue v. Dewolff, Boberg &amp; Associates, Inc.,</i> the U.S. Supreme Court has officially recognized that the times have changed for retirement plans.

Features

In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Future Avoidance Litigation: A Debtor's Obligation to Preserve Electronic Data Image

Future Avoidance Litigation: A Debtor's Obligation to Preserve Electronic Data

Norman N. Kinel & Timothy A. Solomon

Part One of this article discussed the facts of the Nortel case in detail and analyzed some of the many novel substantive legal issues relating to the pre-petition equipment returns that constituted a large portion of the transfers at issue. This second installment discusses some of the complex issues that arose in connection with discovery of electronic documents in the Nortel case.

Features

New UCC Legislation: The Creation of a Substantial Debtor Name Due Diligence Burden Image

New UCC Legislation: The Creation of a Substantial Debtor Name Due Diligence Burden

Paul Hodnefield

Two states recently enacted non-uniform amendments to UCC Article 9 that should be of urgent concern to the equipment leasing and finance industry.

Features

Market-Based MAC and Termination Fee Clauses on the Rise, But Subject to Pitfalls Image

Market-Based MAC and Termination Fee Clauses on the Rise, But Subject to Pitfalls

G. Thomas Stromberg & Justin Rawlins

Two types of contract clauses are commonly cited when a buyer or financing source desires not to make good on its commitment. These clauses are material adverse change clauses and termination fee clauses. Several recent cases show that good draftsmanship and a clear understanding of their intended effect are essential in heading off disputes when implementing these provisions.

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