An Appealing Proposition
July 31, 2006
Let's face it, bankruptcy can be frustrating, not to mention costly and lengthy. First is the sober reality that in almost all cases, creditors ' and unsecured creditors especially ' will not be paid in full. Second is the fact that making sure your client's rights are protected, and recoveries maximized, takes time, money, and involvement in the bankruptcy process, all of which can be disruptive to its ongoing operations. The frustration factor, however, reaches its zenith with bankruptcy appeals. Unlike 'normal' appeals in state and federal courts, bankruptcy appeals provide for two levels of automatic appeal. Bankruptcy orders are first appealed to the district court or, in certain jurisdictions, to the bankruptcy appellate panel (BAP), and thereafter each party has the automatic right to appeal anew to the circuit court.
Multiple Debtor Representation
July 31, 2006
The complex structure of modern corporate entities presents unique challenges when it comes time for a Chapter 11 filing. In addition to facing the fundamental questions of whether Chapter 11 is the right course, when it should be filed, and what the ultimate reorganization strategy should be, management and its counsel must grapple with how to manage a multiple debtor filing. For example, which entities should file? How should the filings be timed? How can the separate interests and obligations of each entity be respected and yet be coordinated in such a way as to make reorganization of the overall enterprise manageable from a practical standpoint? The widely accepted approach is to implement an essentially simultaneous filing on behalf of most or all of the entities in the corporate family. In the interest of efficiency and cost control, a single set of debtors' counsel most often represents all the filing entities, with each of the individual cases jointly administered under a common umbrella.
China's Industrial Policy ' Not its Currency Policy ' Threatens American Competitiveness
July 31, 2006
Over the last 6 months, China has embarked on a series of economic policies that, taken together, shed light on what may be the beginnings of an industrial policy aimed at increasing competitiveness in high-technology industries. Surprisingly, this effort has all taken place without much notice inside Washington, where politicians exaggerate the effect of China's overvalued currency on U.S. competitiveness while ignoring a possibly more profound transition in the Chinese economy.
China's Great Leap In-House
July 31, 2006
These days China is full of Silicon Valley wannabes, but Alibaba.com, headquartered in Hangzhou, is way ahead of the pack. In a headline-grabbing deal last August, the company acquired Yahoo Inc.'s China business (it now operates the Yahoo brand in China), plus a $1 billion investment from the venerable Internet company. Now a $4 billion privately held concern, Alibaba.com is best known for its business auction site (www.alibaba.com, which the company claims is the leading Web site for business-to-business trade in the world) and Taobao.com (www.taobao.com), a consumer auction site that's giving eBay.com a run for its money in China. (Alibaba.com is in English, Taobao.com is in Chinese.)
The Class Action Fairness Act: The Meaning of 'Commenced' After 1 Year
July 31, 2006
The first part of this article discussed how the date of commencement in state court and how adding a new defendant impact removal of a class action case to federal court under CAFA. The conclusion addresses whether amending the complaint 'commences' the class action for purposes of CAFA.
<b>Sales and Service Strategies</b> Establishing a Key Client Sales Initiative
July 31, 2006
We at <i>MLF</i> are pleased to announce this new bi-monthly column featuring knowledge and information about sales and service excellence tips and tools, and thank LSSO for contributing authors and content.<br>We begin with guidelines for establishing the firm's major client sales initiative for success.
<b>Technology In Marketing: </b> Time to Upgrade Your Firm's Web Site?
July 31, 2006
Despite their importance, many law firm Web sites are outdated ' having been designed, developed and launched several years ago when Web technologies were far less advanced than they are today. As a result, many law firms are not taking advantage of new technologies that could simplify site maintenance, improve the 'user experience' of site visitors, and more effectively promote the firm's expertise. <br>This article reviews some new technologies that firms should consider when evaluating whether their Web site is in need of a functional upgrade.
