The Fallacy of Merger Math
If we were to analyze law firm mergers by plotting client satisfaction on one axis and partner satisfaction on the other, the resulting scatter diagram would reflect a surprising few combinations that were deemed satisfactory after the fact to all parties.
Recent Notable Employment Law Developments
Developments in the labor and employment area continue at a rapid pace. Here's a roundup of the latest.
Strategies for Responding to FRCP 30(b)(1)
Upon receiving a notice of deposition for an officer, director, or managing agent pursuant to Rule 30(b)(1), an institutional party need not reflexively agree to produce the named individual. Here's why.
Features
When the Tenant Files for Bankruptcy
The timing of the filing of a shopping center tenant's bankruptcy filing may be affected by many factors, including, among others, the tenant's liquidity, down turns in sales and secured creditor issues. What happens to the landlord?
Features
Modernizing Lease Forms
This article discusses certain simple methods of improving the visual layout and organization of lease forms to produce a stronger template for future leases.
In the Spotlight: Bankruptcy Stays and Guarantors
New York's intermediate appellate court in Brooklyn decided a case bringing to New York law the principle that unless guarantors file for their own independent bankruptcy protection, the protections that bankruptcy brings to a primary debtor do not automatically protect the guarantors. '
Property and Business Loss Insurance: Planning for Nature's Surprises
Insurance is the best protection for unexpected casualties, and owners need to understand the basic coverages that are now available for both property and business income losses..
Lehman Brothers Green-Lights the Payment Of Committee Members' Professional Fees
From the largest Chapter 11 case to date, <i>In re Lehman Brothers Holdings Inc., et al</i>., emanates yet another decision of great interest to the restructuring community.
Features
Calling on U.S.Marshals
The U.S. Marshals Service can be utilized as the ultimate enforcer for the United States bankruptcy courts. A look at a recent case where this happened.
The Return of Stern v. Marshall
A look at the split between the Sixth and Ninth Circuits regarding whether consent can authorize bankruptcy courts to enter final orders in proceedings that would otherwise be the exclusive province of Article III Courts.
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MOST POPULAR STORIES
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›