This article examines the typical DIP financing indemnification provision and the less frequently seen pre-petition indemnification provision, and examines the effect of pre-petition indemnifications on the bankruptcy estate.
- March 28, 2013Thomas Fawkes and Elizabeth L. Janczak
With a commitment to some fundamental operating principles and a focus on building a mutually beneficial relationship, both the collections attorney and his or her client can develop and maintain a long-term working relationship that really is, for all intents and purposes, a partnership.
March 28, 2013Brett BoehmIt is long established under New Jersey law that the cut-off date for equitable distribution of an active asset is the date of the filing of the Complaint. The law in New York, however, allows some flexibility, and other states have departed from the bright-line rule.
March 28, 2013Lynne StroberIn January, the U.S. Court of Appeals for the Federal Circuit handed down its decision in Consolidated Edison Company of New York, Inc. v. United States. The decision reverses the only lower court case that had decided a LILO or SILO transaction in favor of the taxpayer, and likely ends the decade-long litigation of these contentious leveraged lease cases.
March 28, 2013Philip H. SpectorWhen a report has meaningful flaws that get in the way of trial goals, it is important to amplify the data and conclusions that support a client's interests so that they rise above, or overwhelm the "noise" that will be created by the other side .
March 28, 2013Jeffrey P. WittmannDeciding between parents in a contested child custody dispute is one of the most daunting challenges a court can face. Here's an in-depth look at the issue.
March 28, 2013Timothy M. TippinsThe reason that time management is so difficult for law firm marketers is because you are working for multiple bosses in a client-service, reactive work environment. This translates into having little control over what will hit your desk on any given day at any given minute.
March 28, 2013Eva WisnikWriting in many parts of the legal and business worlds has probably changed more in the last decade than in any comparable period over the last five centuries. Those who fail to adapt will pay the consequences.
March 28, 2013Steven StarkAs your law firm heads into a busy and active spring season, here are several topical issues that can remind us of how we can add some rejuvenation and much-welcomed change into our legal marketing best practices.
March 28, 2013Michelle SamuelsAttorneys are typically very good at describing their skills and recounting problems they have solved for other clients, but they struggle with asking for the business.
March 28, 2013Larry Bodine

