e-Commerce Best Practices
October 28, 2009
This article addresses how e-commerce companies can get a handle on managing organizational information, and outlines processes for retaining and managing key business information that could be salient in legal proceedings, regulatory matters or compliance issues.
Investigating the Theft of Trade Secrets
October 27, 2009
A dangerous fact of life in today's financial firms is the threat of high-tech espionage, particularly theft of intellectual property by employees. However carefully the computer code is protected, there are always employees who need access to update, run and maintain it. And these binary crown jewels can be stolen with the click of a mouse.
New Bumps and Tolls Along the Road to FCPA Settlements
October 27, 2009
Foreign Corruption Practices Act (FCPA) is no exception settlements have moved from hundreds of thousands of dollars in the early 2000s to hundreds of millions in 2008. But the rise of anti-corruption enforcement overseas brings new tasks for counsel in FCPA investigations.
Retailer Transparency and Landlord Agility
October 26, 2009
Shopping center and store landlords have been rudely surprised by the speed and breadth of their tenants' downward spiral in the economic implosion of the past year. But the damage might have been mitigated by corrective measures taken earlier in the cycle.
Planning Realistically In a Time of Economic Distress
October 16, 2009
How to Avoid Destroying Your Firm's Future By Arbitrary Expense Cutting and Obsolete Planning Techniques There is a wonderful old Russian folk tale about the family in a sled being chased by ferocious wolves. To slow down the wolves, thinking to protect the remaining family members, they threw children overboard. That story comes to mind as we watch law firms, chased by the wolves of a depressing economy, decimate their firms by furloughing or firing staff, deferring'
The Impact of the Credit Crisis on DIP Financing
September 29, 2009
A byproduct of the frozen credit markets was the unexpected contraction of available debtor-in-possession financing (DIP financing). Historically, DIP financings have had the lowest default rates among commercial loans, and until the recent market disruption, only two significant DIP loans had defaulted, and only one of those resulting in a sub-par recovery.
Case Briefs
September 29, 2009
Highlights of the latest insurance cases from around the country.
Is Europe Ready for Class Actions?
September 29, 2009
Several recent developments suggest that the European Union (EU) and some of its individual Member States are preparing to embrace the idea of collective redress mechanisms for consumer claims. Although an effective European collective redress mechanism has yet to materialize, the process toward crafting one is certainly underway.
Fresh-Start Reporting
September 29, 2009
Emergence from bankruptcy presents a series of challenges for debtor companies, their creditors and counsel for all interested parties. One of the most significant challenges is financial reporting.
General Growth Properties
September 29, 2009
To the surprise of many, when General Growth Properties Inc. ("GGP") commenced a Chapter 11 proceeding in April 2009, it caused 166 solvent bankruptcy remote entities that were current on all their indebtedness (the "General Growth SPEs") that each owned a single mall property to also file Chapter 11 petitions.
