Features
Fifth Circuit Vacates DIP Financing Orders
The Fifth Circuit, recently vacated five bankruptcy court and district court Chapter 11 debtor-in-possession (DIP) financing orders due to: 1) the lender's lack of good faith in relying on a third party's shares of stock as collateral; and 2) the bankruptcy court's lack of subject matter jurisdiction to authorize a lien on third party collateral subject to disputed ownership claims.
Features
Measuring Firm Quality with Client Value Initiatives
When it comes to competitive pricing, both clients and law firms are more and more focused on quality. That sounds good, but how can quality best be represented in actual metrics? While quality is a degree of excellence, what makes that degree marketable enough so that customers can swiftly leverage metric "facts" as a guide in the counsel selection process? Furthermore, how can these quality metrics be leveraged to delineate themselves from one another? The goal should be to highlight experience as an actual quality success metric rather than just attractive pricing.
Columns & Departments
Real Property Law
Analysis of several important rulings.
Practice Management Takes Hold in Smaller and Mid-Size Firms
Even though lawyer management in most mid-size firms recognize the importance of developing and implementing principles of practice management as a means to insure the high quality service to clients and to improve profitability, the extent to which practice management may be implemented varies greatly from firm to firm.
Features
Judicial Scrutiny of 'Other Insurance' Clauses
Other insurance" clauses are unique within the liability policy because, unlike the rest of the policy, these clauses apply to the insurer's interaction with other insurers and not to the insurer's interaction with the insured.
Columns & Departments
Case Notes
A look at a case in which an ex-employee failed in his bid for Sills Cummins' financials.
In the Spotlight: Lease Agreements
It has been the authors' experience that many attorneys, who do not practice commercial real estate full time, and their clients are not aware of some of the issues that should be taken into account by landlords, tenants and their counsel in the preparation and negotiation of lease provisions
Marketing Tech: Maximize Your Content Marketing Efforts
Keeping up with the demands of a law firm content marketing strategy is almost as challenging as running a marathon. Many law firms find they are highly motivated at the start, but run out of steam after a few months.
Features
The Brave New World Of Internet Copyright Trolls
Copyright trolls are in the business of acquiring the right to bring lawsuits against alleged infringers and threatening to file copyright infringement claims in order to induce rapid settlements against large groups of defendants.
Features
What's So Different About Healthcare Leasing Transactions?
Among the many types of healthcare real estate transactions, this article focuses on "off-campus" leasing transactions, including why and how leases involving healthcare providers differ from other leasing transactions and what this means for those involved in these transactions.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
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- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›