Are Bankruptcy Practitioners Prepared for e-Discovery?
November 23, 2009
Last month, the authors stressed the dire economic and legal consequences of failing to properly identify, preserve, collect, review and produce relevant electronically stored information (ESI). They discussed several cases in point. Part Two herein continues the discussion.
Trade-in Value and Automobile Loans After Bankruptcy Reform
November 23, 2009
Last month, we discussed that when, in 2005, Congress enacted PL 109-8, significant changes were in store for the automobile finance industry. Four years after the enactment of PL 109-8, there is as yet little literature on the real-world financial consequences of the 910 provision. The conclusion herein continues the discussion.
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?
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).
