The Impact of Business Intelligence
September 02, 2015
Businesses across a range of industries see the value in optimizing their processes, as doing so can have a significant impact on both their top and bottom lines. The challenge has always been how to gain insight into the areas of inefficiency and execute a plan to optimize.
Potential Claims Under an FDD
September 02, 2015
One of the most important parts of the franchise relationship comes before a single product is sold, and even before a franchise agreement is signed. And this part concerns the procedure and content of franchisor disclosure of information to the franchisee via the franchise disclosure document (FDD). As the cases below show, the process and content surrounding the FDD can make or break potential claims between franchisors and franchisees.
Supreme Court to Focus Legal Spotlight on Spousal Guaranty Issues
September 02, 2015
Spousal guaranties are about to receive additional scrutiny now that the United States Supreme Court has decided to grant certiorari to a decision by the Eighth Circuit regarding whether a spousal guarantor is an "applicant" entitled to bring an action under the Equal Credit Opportunity Act and related implementing regulation (Regulation B).
District Court Affirms Cramdown Interest Rate Calculation in <i>Momentive </i>
September 02, 2015
On May 5, 2015, United States District Judge Vincent L. Bricetti affirmed the confirmation order issued by United States Bankruptcy Judge Robert D. Drain in the MPM Silicones LLC ( Momentive ) Chapter 11 cases. We discussed the facts and analyzed Judge Drain's ruling with respect to the applicable cramdown interest rate to be applied to secured claims under section 1129(b)(2)(A)(i) of the Bankruptcy Code in a prior article ( see "Cramdown Interest Rates in Chapter 11," Equipment Leasing Newsletter , March 2015, http: //bit.ly/1Jr81HU). On appeal, the senior lien appellants argued that the plan of reorganization confirmed by Judge Drain violated section 1129(b) by using a "formula approach" to calculate the cramdown interest rate, and, in the alternative, by calculating the cramdown interest rate under the formula approach incorrectly.
Creating a Competitive Situation
September 02, 2015
When it comes to the business processes that legal organizations should be improving immediately for long term success, back office support and the recovery of those costs tops the list. With the pressure on rates and cost recovery not abating, it is critical that firms develop a strategic plan to decrease and control their support costs and recover them in a fair and transparent manner. This will help firms maintain competitive rates as well as operate more efficiently and profitably.
<b><i> In Re Fairfield Sentry Limited</i></b>
September 02, 2015
<I>In re Fairfield Sentry Ltd.</I> is the first federal circuit court decision to address the application of Section 363 in a Chapter 15 bankruptcy case. Bankruptcy Code applicable as to matters within the United States. This article provides an in-depth analysis of what this means to bankruptcy practitioners.
<b><i>Marketing Tech:</i></b> Cultivating a Culture of Awareness
September 02, 2015
Law firm marketing professionals and attorneys often find themselves at a standoff. The attorneys look at marketing and ask (though perhaps in not so many words), "Why aren't you going out and getting us business?" The marketers reply, "You're the experts in field A, B or C, why don't you come to us with opportunities that we can act upon?"
<b><i>Business of Branding:</i></b> Creating a Client-Centric Brand'
September 02, 2015
Professional legal marketers are by and large responsible for the creative and labor-intensive effort involved in developing a strong law firm brand. After all, a brand does not develop by chance, but rather is strategically planned, crafted and 'communicated.
'Customary Operations' or a Vacant Building?
September 02, 2015
Many times, courts are faced with the question of whether a loss location is "vacant" under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States addressing what is considered "customary operations," thereby rendering the property "vacant.
