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Defending the Preference and Fraudulent Transfer Safe Harbor
March 26, 2010
Last month, we discussed the fact that the The Bankruptcy Code ("Code") has at least nine so-called "safe harbor" (i.e., bankruptcy insulating) provisions for financial contracts. The article concludes herein.
Proposed Revisions to Rule 2019
March 26, 2010
Bankruptcy Rule 2019, an often-ignored pivotal procedural rule in U.S. bankruptcies, has returned to the public eye. This reemergence stems from two recent decisions from the influential Bankruptcy Court for the District of Delaware as well as the controversial pending amendments to Rule 2019 proposed by the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States.
Does Rule 2019 Apply to Ad Hoc or Informal Committees?
March 26, 2010
The debate over whether ad hoc or informal committees or groups of creditors or interest holders ("ad hoc committees") must comply with Bankruptcy Rule 2019 recently intensified due to a split among several Bankruptcy Court decisions.
Tips and Time Savers for Trial Preparation
March 26, 2010
This article examines calendar and activity milestones during the three-to-four-month period before making an opening statement at trial.
Quarterly State Compliance Review
March 26, 2010
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect recently. It also examines some recent decisions of interest, including two from the Delaware Chancery Court.
<b><i>BREAKING NEWS:</i></b> Third Circuit Bars Prosecution Threat for Teen 'Sexting'
March 18, 2010
In the first case ever to challenge the constitutionality of prosecuting teens for 'sexting,' a federal appeals court has upheld an injunction that barred a Pennsylvania prosecutor from bringing child pornography charges against girls who refused to attend a class he had designed to educate youths about the dangers of sexting.
<b><i>ONLINE EXCLUSIVE:</i></b> Supreme Court Puts Internet Publisher Case Back in Play
March 02, 2010
An $18 million settlement of a copyright infringement suit between Internet publishers and freelance writers is back on track because of a U.S. Supreme Court ruling on March 2.
BE NICE TO THE MEDIA<i>Or Else You'll Turn Into A Pumpkin -- Or Something</i>
March 01, 2010
Your mother raised you to be nice to everyone, and you've always been taught to be nice to journalists. Answer their questions. Tell them everything. Stop what you're doing and cooperate. Be polite. That's the conventional wisdom. You've even heard that in these pages. But are there ever times to tell the media to bug off, and leave you alone? Maybe. &#133;
BE NICE TO THE MEDIA<i>Or Else You'll Turn Into A Pumpkin -- Or Something</i>
March 01, 2010
Your mother raised you to be nice to everyone, and you've always been taught to be nice to journalists. Answer their questions. Tell them everything. Stop what you're doing and cooperate. Be polite. That's the conventional wisdom. You've even heard that in these pages. But are there ever times to tell the media to bug off, and leave you alone? Maybe. &#133;
OLYMPIC DOWNHILL RACING AND CLOSING SKILLS
February 26, 2010
OLYMPIC DOWNHILL RACING AND CLOSING SKILLS Olympic skiers develop a very specific action plan on where they should be at every juncture, turn, jump and slope in order to produce a winning time. For outside counsel, they too need to create a ploan of attack that clearly differentiates them from their competitors. In their sales and presentations, they must emphasize what makes them unique. For some firms, an heightened level of client knowledge is itself the differentiating&#133;

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