Features
Dewey & Leboeuf Partner Contribution Settlement Agreements Seek to Avoid the Long and Winding Road of Law Firm Bankruptcies
This article explores the process by which the key parties-in-interest in this case successfully negotiated the Partner Contribution Settlements or PCPs, the rationale behind Bankruptcy Judge Glenn's approval of the PCPs, as well as some of the issues that the United States District Court for the Southern District of New York is currently considering on appeal.
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<b><i>BREAKING NEWS:</i> </b><b>Hewlett-Packard Claims Autonomy Cooked Books</b>
Hewlett-Packard Co. said on Nov. 20 that it will take an $8.8 billion write down related to its purchase of Autonomy PLC and alleged that Autonomy executives committed accounting fraud to inflate the company's value during the sale.
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In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
Equipment Finance Industry Compensation Increases for Second Consecutive Year
Sustained economic growth resulted in an increase in compensation among originators in the equipment finance industry in 2011, according to the 2012 Equipment Leasing & Finance Compensation Survey from the Equipment Leasing and Finance Association and the performance reward consulting and benchmarking firm for the financial services sector, McLagan.
Expanding Your Business in an Emerging Market?
The opportunities in emerging markets are attractive, but only if your market strategy is carefully executed and monitored.
Leasing Fraud
In its recent decision in <i>SEC v. Apuzzo</i>, the U.S. Court of Appeals for the Second Circuit held that to prevail on a claim of aiding and abetting securities fraud under § 20(e) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78t(e), the Securities and Exchange Commission need not demonstrate that the defendant's conduct proximately caused the primary violation.
A Lease Is a Lease Is a ' Loan? Avoiding Recharacterization
This article explores the impact of recharacterization, and discusses the tests developed by courts to determine whether a lease will be considered to be a secured loan. Then, a review of the most recent cases shows the characterization tests in practice.
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Case Briefs
Highlights of the latest insurance cases from around the country.
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Avoiding the Excess Layers
Several courts have recently held that an insured bears the burden of demonstrating proper exhaustion of underlying policies, including where multiple policies are involved in a settlement. These decisions have prevented insureds from accessing millions of dollars in excess coverage based on the unambiguous exhaustion language included in the operative excess policies.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.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 ›