Don King and Internet Jurisdiction
Despite the temptation, there's no need to put on a Don King wig when reading this story (notice I avoided saying "don" a Don King wig ' I just couldn't do it). In The Supreme Court of Judicature Court of Appeal sitting in London, the court upheld the ruling of a lower court that a libel suit against world-renowned boxing promoter Don King based on statements published on several Web sites remain to be heard in England, rather than be moved to the U.S.
U.S. Recognition of International Financial Restructurings
There has been a significant increase in litigation in the U.S. under Section 304 of the U.S. Bankruptcy Code. It is through that statutory mechanism that foreign issuers, having sold debt in the U.S., restructure the debt under foreign restructuring regimes and then return to the U.S. for "recognition." Recognition under ' 304 has been read to cut off claims and litigation by U.S. creditors in U.S. courts, avoid U.S. judgments for collection, and hence can pave the way for the foreign company to access the U.S. capital markets in the future.
Bankruptcy Behind Closed Doors
Last month, we discussed the perceptible increase in the number of bankruptcy transactions taking place with the underlying arrangements being placed under seal. We discussed disclosure obligations, Section 107 and Bankruptcy Rule 9018, and commercial information, citing <i>Orion Pictures</i> as a leading case on the issue of what constitutes "confidential commercial information." Defining the limits of confidential commercial information can also be aided by reviewing cases decided both prior to and after <i>Orion Pictures</i>, where courts have refused to seal court records.
Making the Case for a 'Good Faith' Chapter 11 Filing
The distinction between recourse to Chapter 11 protection as a legitimate means to maximize the value of a company's assets and/or to restructure its financially troubled yet otherwise viable operations, on the one hand, and clear bankruptcy abuse, on the other, is sometimes murky. A court called upon to make such a distinction is obliged to "get into the debtor's head" and investigate the board's motives for commencing a bankruptcy case and, in some cases, to decide whether the debtor's otherwise permissible use of the powerful provisions of federal bankruptcy law is impermissible because the debtor's motives are antithetical to the basic purposes of bankruptcy.
Security Tips for Today's Digital Age
Computer networks and Internet use has become a necessary part of the legal industry, and legal professionals should focus attention on potential threats that accompany this use of technology. As dependence on the Internet continues, and the threats to computer networks increase, it's important to implement safeguard solutions to protect information security.
Practice Tip: Managing Your Outlook Calendar
We live such busy and hectic lives. Not only do we have to juggle our own schedule, but we are also often juggling the schedules of others. Proper use of a good calendar program can make all the difference in the world between making appointments on time and showing up late, or even worse, missing them altogether. Microsoft Outlook provides the tools needed to help manage and organize your schedule. So let's look at some of the ways Outlook can bring order to our hectic lives.
Viruses, Adware and Spyware Attack Legal Framework
Back in the good old days, electronic evidence for civil cases could be gathered from a custodian's computer, processed to TIFF, Bates numbered and introduced into evidence. Concerns over chain of custody and authenticity were talked about, but rarely argued in the courtroom. <br>It's not so simple anymore. Viruses, spyware, adware and hijacking are attacking our legal framework for electronic evidence and impacting specific areas of law, such as privacy, attorney client privilege, trade secret, criminal law and products liability.
Practically Applying Business Intelligence
With more than 38,000 open matters at any given time, summarizing and analyzing practice, client and attorney information was nearly impossible to do efficiently using manual process and flat reporting. We decided it was time to implement reporting-based business intelligence (BI) software. <br>Over a 1-year period, we reviewed software and services from four vendors, including our accounting system vendor and third party providers. We selected Redwood Analytics because they are business and finance professionals that specialize in developing data warehouses and analytic cubes (note: defined below) specific to law firm performance.
