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Paradigm Shift: Observations on the Current Bankruptcy Cycle
November 23, 2009
The current bankruptcy cycle is unprecedented in a number of ways: The old playbook is stale and creative new strategies are the order of the day.
Leverage and Lenders of Last Resort
November 23, 2009
Prior to the current global recession, companies filing for Chapter 11 bankruptcy protection were able to secure financing with relative ease. In recent years, a competitive market for DIP lending had developed among investment banks, private equity firms, hedge funds and traditional lenders such as GE Capital.
SHAKING HANDS DURING THE FLU EPIDEMIC - Legal Sales
November 23, 2009
SHAKING HANDS DURING THE FLU EPIDEMIC - Legal Sales British Airways is currently running an ad which states, "Emails do not end in handshakes." And while their business development team is hoping you will jump on one of ther planes and run over the pond to England, their message is "spot on." All too many involved in lawyer marketing believe electronics are the way to client retention or demonstrate strong closing skills. If they were but to…
When You're All Alone In the Forest
November 17, 2009
In an economic environment in which the larger firms are competing with the smaller firms for the smaller clients, and in which law firms are retrenching and the client pool is diminishing, can the sole practitioner or the smaller firm compete in this arena?
Movers & Shakers
October 29, 2009
Who's doing what; who's going where.
Sauce for the Goose: Transfer of a Policyholder's Insurance Coverage Rights By Subrogation
October 29, 2009
Recent case law on subrogation supports the notion that in the appropriate circumstances, third parties that pay a policyholder's loss are themselves subrogated to the policyholder's rights against the insurance company for coverage.
Standards for Determination of Causation in Appraisal
October 29, 2009
An appraisal provision is a common feature of first-party property insurance policies, designed principally to efficiently resolve disputes over the amount of loss or replacement cost for a covered claim. However, disputes over what constitutes an appropriate topic for appraisal can negate the efficiencies that might otherwise be gained.
Texas Takes the Lead on Notice Disputes Under Claims-Made Liability Policies
October 29, 2009
The Texas Supreme Court literally took the notice "bull by the horns" and issued two groundbreaking decisions. As a result, under Texas law, an insurer must now show prejudice to deny payment on a claims-made policy, or a claims-made and reported policy, when the carrier's denial is based upon the insured's alleged breach of a policy's prompt-notice provision and notice is provided within the policy's coverage period (or any contracted-for extended reporting period).
Failure to Heed IP in China Can Be Costly
October 29, 2009
Chinese companies are increasingly becoming aware of IP matters and are realizing the power of protecting IP through filing at the SIPO and foreign jurisdictions.
Has the Recession Hit the PTO?
October 29, 2009
One would think at first glance that the 2008/2009 global recession has also affected the U.S. Patent and Trademark Office. However, based on patent application filings made through June 30, 2009, this does not appear to be the case.

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