BAPCPA: Another Nail in the Coffin of Retail Reorganizations
June 18, 2010
BAPCPA has had a profound effect on retail reorganizations, particularly, the restriction on bankruptcy courts' broad discretion to extend debtors' time to assume or reject leases. This shortened time period, a maximum of 210 days, has been alleged to be responsible for the death of retail reorganizations.
Seller, Beware
June 18, 2010
Companies that continue to supply to a customer after the customer files for Chapter 11 bankruptcy protection should take note of a recent decision from the Eleventh Circuit that required a supplier to return the money it was paid by a Chapter 11 debtor ' for goods shipped to the debtor post-petition ' because the debtor did not have authority to make the payment in the first place.
The Challenge of Determining Enterprise Value in Volatile Markets
June 18, 2010
Arguments about value lie at the heart of many disputes in Chapter 11 cases. Yet, despite how critical it is to the outcome of these cases, bankruptcy courts often have extreme difficulty determining value. This makes valuation a fertile source of litigation.
Managing Data And Anticipating Litigation
June 18, 2010
Approximately 40% of all e-discovery cases in 2009 involved claims for sanctions against parties that allegedly failed to comply with discovery obligations. Of the sanctions cases, 67% addressed an alleged failure to properly preserve ESI.
Top Five Backup Headaches Solved
June 07, 2010
New technology is available that directly indexes backup data and allows the extraction of files and e-mail without the use of the original backup software. By providing quick and easy access to data on tape, common causes for backup data migraines can be alleviated. This article outlines how to quell the pounding caused by common backup data issues.
Defining Project Management for e-Discovery Success
May 27, 2010
The practice of project management in e-discovery has traditionally been loosely defined, with significant variation in the application of the fundamentals and the people performing these services. In some cases, the individual taking a project management role on a case is an attorney or paralegal, while in others it's the e-discovery services provider's account manager. Some project managers come from IT or document management roles. Within any given case, multiple "project managers" may work together, each applying their own set of practices and procedures.
The Legal Service Desk: Innovating Best Practices
May 27, 2010
Headaches caused by staffing problems, insufficient infrastructure and lack of tracking and reporting capabilities have led to some profound innovations and newly adopted best practices. Doing "more with less" is no longer a moniker, but a way of life for many of these firms. Designed out of pure necessity, five distinct best practices have emerged ' strategic investment in service desk analysts, expanded service availability, comparative reporting, team ownership development and reporting.
