DIP Financing Agreements
This article examines the typical DIP financing indemnification provision and the less frequently seen pre-petition indemnification provision, and discusses the effect of pre-petition indemnifications on the bankruptcy estate.
A Longer Statute of Limitations Period for Pursuing Fraudulent Transfer Actions May Exist
Transactions that closed more than four or even six years post-transfer, nonetheless may be subject to an avoidance action for recovery of a fraudulent transfer.
Columns & Departments
Movers & Shakers
Baker Tilly Virchow Krause, LLP recently welcomed John Salza as a principal in charge of tax accounting methods. In this role, Salza lends his expertise to tax engagements across Baker Tilly's industry practices.
Features
Profiting from the Learning Curve
A recent study published by Altman Weil listed the ways in which chief legal officers would like to see their outside counsel embrace service improvements and innovation. The top four responses were greater cost reduction, non-hourly pricing, more efficient project management and improved budget forecasting. To anyone paying even cursory attention to the legal marketplace in the last half decade, these should not come as a surprise.
Pension Funding: A Program to Maximize Pension Growth and Limit Volatility
With proper planning, a pension can meet regulations, be funded to the acceptable green zone levels (80%) and reduce the annual net periodic pension funding requirement.
Pricing Legal Services
Beyond the "value-added" components of their efforts, expectations have risen in law firms for the marketing team to contribute directly to top-line growth. While their roles typically fall short of direct selling to new clients, in recent years marketing executives have been integrally involved in ongoing account management, prospecting, and expansion. They are juxtaposed with the rainmakers — practically joined at the hip in supporting partners as they embark into the legal market battlefield.
Features
Preparing for Reverse Auctions
Rather than companies sending out RFPs to a number of law firms, they are now using a "reverse auction" to request quotes from law firms they trust. Here's how it works.
Complications Can Consume the Credit for Taxes Paid to Other States
While an available tax credit might seem like a great savings opportunity, as many often are, caution should be your watchword before chasing that credit.
Features
The Accounting Dimensions of Law Firm Financial Impropriety
Law firms are at great risk for financial impropriety. Funds can come up missing in any law firm, and the cause can be intentional theft that qualifies as fraud or embezzlement, or an unintentional mistake that shows poor judgment.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 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 ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Digital Dibs: Rival Views of Generative AI CopyrightsGAI platforms like ChatGPT and OpenAI often require very little human input, shattering this legal landscape's framework by posing a simple question: Who authored the material? We'll explore how two countries are answering this question in different ways.Read More ›