Let's face it, bankruptcy can be frustrating, not to mention costly and lengthy. First is the sober reality that in almost all cases, creditors ' and unsecured creditors especially ' will not be paid in full. Second is the fact that making sure your client's rights are protected, and recoveries maximized, takes time, money, and involvement in the bankruptcy process, all of which can be disruptive to its ongoing operations. The frustration factor, however, reaches its zenith with bankruptcy appeals. Unlike 'normal' appeals in state and federal courts, bankruptcy appeals provide for two levels of automatic appeal. Bankruptcy orders are first appealed to the district court or, in certain jurisdictions, to the bankruptcy appellate panel (BAP), and thereafter each party has the automatic right to appeal anew to the circuit court.
- July 31, 2006William Choslovsky
Part One of this article discussed the scope of the exclusive use provision, reasonable exclusions from the provision, and future exclusives. The conclusion addresses ceasing operations, assignees and subtenants, and violation of the exclusive use provision.
July 31, 2006Dominic J. De SimoneThe complex structure of modern corporate entities presents unique challenges when it comes time for a Chapter 11 filing. In addition to facing the fundamental questions of whether Chapter 11 is the right course, when it should be filed, and what the ultimate reorganization strategy should be, management and its counsel must grapple with how to manage a multiple debtor filing. For example, which entities should file? How should the filings be timed? How can the separate interests and obligations of each entity be respected and yet be coordinated in such a way as to make reorganization of the overall enterprise manageable from a practical standpoint? The widely accepted approach is to implement an essentially simultaneous filing on behalf of most or all of the entities in the corporate family. In the interest of efficiency and cost control, a single set of debtors' counsel most often represents all the filing entities, with each of the individual cases jointly administered under a common umbrella.
July 31, 2006Jack L. SmithThe first part of this article discussed how the date of commencement in state court and how adding a new defendant impact removal of a class action case to federal court under CAFA. The conclusion addresses whether amending the complaint 'commences' the class action for purposes of CAFA.
July 31, 2006Lianne S. PinchukTaking a page from the corporate world, law firms are adding a variety of new positions to help their lawyers and staff, to benefit their own operations, and to improve their relationships with clients.
July 31, 2006Steven A. MeyerowitzWe at MLF are pleased to announce this new bi-monthly column featuring knowledge and information about sales and service excellence tips and tools, and thank LSSO for contributing authors and content.
We begin with guidelines for establishing the firm's major client sales initiative for success.July 31, 2006Silvia L. Coulter and Jim CranstonDespite their importance, many law firm Web sites are outdated ' having been designed, developed and launched several years ago when Web technologies were far less advanced than they are today. As a result, many law firms are not taking advantage of new technologies that could simplify site maintenance, improve the 'user experience' of site visitors, and more effectively promote the firm's expertise.
This article reviews some new technologies that firms should consider when evaluating whether their Web site is in need of a functional upgrade.July 31, 2006Joshua Fruchter, Esq.With the exception of about 15 firms nationwide, there are no solid programs that truly benefit women in law firms. Yes, many firms list their women in law programs on their Web sites, and several tout their programs as being at the forefront of the movement, but this is not the reality. While there are lots of women in law firm programs, most of them merely exist to 'paint a picture' that will demonstrate to clients that they are diverse. For all intensive purposes, this is a joke ' and the joke is on the women in these firms. Is it any wonder that many women leave law firms to either go in-house or leave the profession entirely?
July 31, 2006Elizabeth Anne 'Betiayn' TursiOne of the questions I am most often asked relates to the area of public relations and particularly how media is handled in law firms as it impacts marketing and business development. To answer those questions, I am pleased to introduce a new series that will feature interviews with top law firm in-house public relations professionals. These interviews will be conducted by the public relations team of Jaffe Associates.
July 31, 2006Vivian HoodI found your Op-Ed piece, 'The Land of Wannabe,' in the May 2006 issue of Marketing The Law Firm, to be a valid assessment of what I believe to be a failed incursion of 'marketing' into the business of law firms. You conclude that if the right marketers were available, law firms might figure out how to use them. However, I don't see this happening by any evolutionary or natural process, for all the reasons it has failed to date.
July 31, 2006Melchior S. Morrione