Under Section 363(f) of the Bankruptcy Code, a debtor may sell property free and clear of a third-party's liens, claims and encumbrances only if that party "could be compelled, in a legal or equitable proceeding, to accept a money satisfaction" of that party's interest in the property. However, in a recent case, the judge was faced with a relatively rare scenario.
Working capital adjustments are often some of the most highly negotiated provisions in a private company mergers and acquisitions (M&A) transaction agreement. The provisions are complex and involve a blend of legal and accounting concepts and standards and can have an immediate impact. It is essential to understand the nuances to avoid traps for the unwary.
Business bankruptcy filings are down significantly from their high point during the Great Recession. What appears to have replaced foreclosures and institutional debt issues as the straw that breaks the camel's back is litigation. In many cases seen locally (in the Central District of California), the nature of litigation that pushes a company over the line comes in the form of employee-related causes of action.
If in-house legal departments are holding tighter to their company's legal work and going to fewer law firms when they do send out work, the best time to get an "in" with a legal department may be when they switch general counsel. And that is also when existing firms need to fight to keep their relationships.
We all know that for a product liability plaintiff to have standing to sue, he must demonstrate both that he suffered some form of compensable harm and that the harm was caused by the defendant's product. But what if that plaintiff is an unnamed member of a class action?
When does a neighboring landowner have standing to bring a private action to enjoin a zoning violation? That question reaches the New York courts with some frequency, and although the recent trend is to liberalize standing requirements, the answer is not entirely free from uncertainty.
Sports team acquisitions have garnered headlines over the past few years, with several recent team prices ranging in the billions of dollars. Not long ago, sports franchises were run like small businesses, with any net profit generated being an additional, but not always expected, benefit. Today, given rising acquisition costs and the lucrative revenue opportunities teams offer, they are run as sophisticated enterprises with the purpose of yielding profit for their well-heeled investors.
As the year draws to an end, many of the more enlightened law firm managing partners and members of the executive committee assess the results of the current year and begin to develop plans for the coming year.
Just because you want a new "look and feel" doesn't mean you should enter into a lengthy, complex and potentially expensive rebranding project. There are a number of "signs," though, that might indicate you should consider rebranding or at least refreshing your firm's brand.
In today's litigious environment, many California employers, despite their best intentions, are frequently hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. This article discusses some of the more common mistakes occurring in this minefield, and strategies to consider when such claims are filed.
