Features
Caveat Intercreditor: Bankruptcy May Be Coming
<b><i>Bankruptcy Provisions in First Lien/Second Lien Intercreditor Agreements</b></i><p>While intercreditor agreements (ICAs) are not necessarily the most attention-grabbing of the various loan documents common to large financing transactions, they are nevertheless important, and lack of attention to detail with respect to their provisions could lead to unintended results in any future bankruptcy case.
Features
When Alice Leaves Software in Wonderland: Review the Terms of Use
That least-read contract — the Terms of Use — can be an effective (albeit the last) weapon in the arsenal of a company trying to protect unpatented software technology while providing on-line services.
Columns & Departments
In the Courts
New Charges in Insurance Corporation of Barbados Limited Bribery Case
Features
Case Study: California Law Firm Dowling Aaron Is Transforming and Modernizing Its Prebilling Process with Orion ePrebill Manager
Orion's ePrebill Manager allows corrections to prebills to be tracked and applied in real time, with a one-click acceptance and approval process. Further, by distributing prebills electronically, attorneys can see the edits made by others, the overall net effect of write-downs, and how these affect the realization of both the working timekeepers and the client overall, in real time.
Features
Competitive Intelligence: Creating a Culture of Intelligence
We hear that clients hate to be cross-sold. However, this does not mean that clients are not interested to be introduced to new colleagues who can provide insight. Rather, cross selling must be thoughtful and tailored to clients' needs
Features
Case Study: Delaware Bankruptcy Court Denies Trustee's Breach of Fiduciary Duty Suit
In January, a bench trial occurred in <i>In re Covenant Partners, L.P.</i>, in which the Trustee of Debtor, Covenant Partners, L.P., sued for breach of fiduciary duty.
Features
Sales Speak: Maximize Your Chambers (and other) Rankings
While ranking directories are rarely the only tools used to find a firm or lawyer, in-house counsel and CEOs often turn to them as informative research sources. For these reasons alone, preparing materials and references for submission, even though time-consuming, may make sense under the right circumstances.
Columns & Departments
Business Crimes Hotline
Securities Commission Malaysia Issues Maximum Fine for Deloitte Related to 1MDB Audits
Columns & Departments
Business Crimes Hotline
Securities Commission Malaysia Issues Maximum Fine for Deloitte Related to 1MDB Audits
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MOST POPULAR STORIES
- 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 ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- 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 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 ›
- Restrictive Covenants Meet the Telecommunications Act of 1996Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.Read More ›
