A case in which a board's special permit denial was entitled to deference.

Last month, we discussed the fact that the "unavailability exception" originated with <I>Owens-Illinois, Inc. v. United Insurance Co.</I> The discussion continues herein.

Features

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

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

Analysis of several important rulings.

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

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

A look at a case in which an ex-employee failed in his bid for Sills Cummins' financials.