Chapter 11 Plan Support Agreements: Greasing the Wheels for Confirmation Success
January 01, 2020
Plan support agreements are often an essential component of a successful complex Chapter 11 reorganization and provide a framework for a debtor's financial restructuring. These agreements have increasingly been used to induce core groups of major lenders and bondholders to support a debtor's restructuring in return for enhanced recoveries.
Challenge to SEC's Disgorgement Authority Reaches Supreme Court
January 01, 2020
The U.S. Supreme Court granted certiorari in Liu v. Securities and Exchange Commission to address a question that, until fairly recently, seemed clear: whether the SEC has authority to obtain disgorgement in civil actions to enforce the federal securities laws.
Cybersecurity Skills Update for 2020
The demand for capable skilled professionals and team players in the information security industry is increasing. For those gaining skills to work in the industry for the first time, the challenge remains to hit the ground running with a position and, better, with a career path. Yet no career path in this industry will sidestep an ongoing foothold in the classroom — onsite or virtual.
Unfolding Trends That Will Dominate the Next Year
For all intents, 2019 has been good for commercial real estate. 2020, at least for the first half, promises much of the same. That is not to say that the CRE environment will be stagnant; as always there will be changes. Some of these will be subtle while others may well be more ground shaking — and likely due to outside circumstances.
Bursting the Bubble of Associate Compensation
Smart business leaders compete by constantly seeking cost advantages. Yet law firm leaders compete by perpetually increasing associate compensation. As always, this will not end well.
How Retailers Are Pushing the Boundaries
Entertainment and experience has become the cornerstone of retail survival in the wake of increasing online shopping. Now, top brands are starting to incorporate entertainment experiences into select markets to bush the boundaries of the traditional retail structure.
Changing Outcomes Through a Reservation of Rights
In the day-to-day practice of bankruptcy law, it may occasionally be tempting to dismiss "reservation of rights" language as unnecessary or unimportant — after all, a pragmatically minded court will consider the economic reality of the case before it. Right? Well, the U.S. District Court for the District of Delaware's recent ruling in Emerald Capital Advisors v. Victory Park Capital Advisors (In re KII Liquidating) demonstrates the flaws in that way of thinking.
Legal Tech: Babst Calland & Solvaire: An AI Contract Review Use Case
In today's business climate, clients demand greater efficiency when it comes to contract review for many complex deals and transactions. We have found that the combination of deep legal expertise, coupled with embracing carefully researched and vetted technology, is the most effective means of delivering high quality and timely review in an increasingly competitive marketplace.
Increasing Client Requirements: Securing Law Firms for the 21st Century
December 02, 2019
Clients expect sophisticated and secure systems to keep their information safe. This obviously makes your IT professional's job much harder. Additionally, attorneys expect instant performance and near 100% up time. Achieving the delicate balance between accessibility and security is a challenge.
