When Silence Is Not Golden
February 19, 2009
This article examines anti-assignment clauses from the landlord's viewpoint; specifically, anti-assignment clauses similar to the following: "tenant shall not, without the prior written consent of landlord, which consent shall not be unreasonably withheld, assign this lease or any interest hereunder, or sublet the leased premises or any part thereof."
On the Move
February 19, 2009
Who's doing what; who's going where.
When Bankruptcy And Equity Collide
February 19, 2009
In <i>Ades and Berg Group Investors v. Breeden</i> (<i>In re Ades and Berg Group Investors</i>), the court of appeals affirmed a decision below refusing to impose a constructive trust on proceeds from a settlement of reinsurance claims that were paid to a Chapter 11 debtor. According to the Second Circuit, "retention by the bankruptcy estate of assets that, absent bankruptcy, would go to a particular creditor is not inherently unjust."
Second Circuit Upholds Professional's Pre-Approved Fixed Fee Award
February 19, 2009
Financial advisers, investment bankers, lawyers and other professionals in reorganization cases will be happy with a decision of the U.S. Court of Appeals for the Second Circuit handed down on Jan. 6, 2009: <i>In re Smart World Technologies, LLC.</i>
Delaware Bankruptcy Court Denies Multi-Party Setoff
February 19, 2009
<i>In re SemCrude, L.P.</i> is a departure from the long-standing assumption that a multi-party netting agreement among affiliates would be upheld in bankruptcy if enforceable under applicable non-bankruptcy law. This article provides an analysis of the decision, the procedural status and its potential impact, and recommendations for minimizing the potential negative implications.
Cut 'Em Off At the Impasse
February 09, 2009
In legal marketing, we are now like two men on a bridge. We are all equally armed, with the same professional skills (or an inability to project superior professional skill), and most significantly, with the same marketing tools. The seminars. The articles. The brochures. The networking. The Web site. The press release. Who wins the competitive battle, then?
Case Briefs
January 30, 2009
Highlights of the latest insurance cases from around the country.
