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No Stay for the Weary
May 27, 2008
The Delaware Court of Chancery recently emphasized that issues of corporate governance remain the purview of the state of incorporation, notwithstanding the filing of a bankruptcy petition and the accompanying automatic stay, which ordinarily acts to halt proceedings against the debtor.
The Benefits Priority Cap of ' 507(a)(5)
May 27, 2008
Thirty years after the enactment of BAPCPA, there are still unresolved issues that arise from time to time under the pre-BAPCPA Bankruptcy Code. One such issue involves the proper application of the statutory priority cap found in Bankruptcy Code ' 507(a)(5), including its interplay with ' 507(a)(4).
In the Spotlight: Preparing Form Leases for Mixed-Use Projects
May 27, 2008
As the construction of mixed-use projects continues to grow across the nation and globally, all parties involved must understand the dynamics of the project in which they are involved and how best to structure the relationships among the several parties, which will generally have divergent interests. The building block for this relationship will likely be a form lease.
Buying a Mixed-Use Building in New York City
May 27, 2008
It is a complicated task to purchase a New York City commercial building with known or potential residential tenancies. However, with careful physical and documentary investigation, most of the potential traps for an unwary buyer can be revealed.
DON'T DO THAT!
May 23, 2008
DON'T DO THAT! It is amazing how out of touch some attorneys are when attending a pitch, lunch or presentation session with potential clients. Some of the comments I've heard about meetings: * "They spent most of the time talking to themselves, not us." * "What a complete lack of respect, let alone interest - one was using a Blackberry, one answered two phone calls during our meeting, and one was a potted plant." * "There were 2…
<b>BREAKING NEWS:</b> CA Marriage Ruling Makes History
May 15, 2008
On a blast-furnace of a day when normally chilly San Francisco hit 96 degrees, the California Supreme Court enhanced its reputation as a trail-blazing institution on May 15 by giving gays and lesbians the right to marry. 'The California Constitution,' Chief Justice Ronald George wrote in the 4-3 ruling, 'properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples.'
BRANDING WITH A COLD IRON: Living (Or Dying) With Fad Words
May 08, 2008
Fad words, in professional services marketing, have a tendency to wear out and disappear after awhile, which seems to testify to their shallowness. They are then replaced by other fad words, which themselves ultimately wear out.
What's Going On Here?
May 05, 2008
We often tout customer/client service in our newsletters, particularly Marketing the Law Firm and Law Firm Partnership &amp; Benefits Report, but in many other titles as well. Now and again I worry that we are over-pushing the concept; that maybe we should step back, because we all know that customer service is the backbone of every law firm, right? Apparently not.
<B>BREAKING NEWS</b> 11th Circuit OKs Suit Based on Sexual Language in Office
May 05, 2008
In a rare win for a plaintiff alleging employment discrimination, the 11th U.S. Circuit Court of Appeals has held that a woman can bring a harassment claim for language not referring specifically to her.
Case Briefs
April 30, 2008
Highlights of the latest insurance cases from around the country.

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