Chapter 11 Plan Support Agreements: Greasing the Wheels for Confirmation Success
January 01, 2020
Plan support agreements are often an essential component of a successful complex Chapter 11 reorganization and provide a framework for a debtor's financial restructuring. These agreements have increasingly been used to induce core groups of major lenders and bondholders to support a debtor's restructuring in return for enhanced recoveries.
Challenge to SEC's Disgorgement Authority Reaches Supreme Court
January 01, 2020
The U.S. Supreme Court granted certiorari in Liu v. Securities and Exchange Commission to address a question that, until fairly recently, seemed clear: whether the SEC has authority to obtain disgorgement in civil actions to enforce the federal securities laws.
Cybersecurity Skills Update for 2020
January 01, 2020
The demand for capable skilled professionals and team players in the information security industry is increasing. For those gaining skills to work in the industry for the first time, the challenge remains to hit the ground running with a position and, better, with a career path. Yet no career path in this industry will sidestep an ongoing foothold in the classroom — onsite or virtual.
Unfolding Trends That Will Dominate the Next Year
January 01, 2020
For all intents, 2019 has been good for commercial real estate. 2020, at least for the first half, promises much of the same. That is not to say that the CRE environment will be stagnant; as always there will be changes. Some of these will be subtle while others may well be more ground shaking — and likely due to outside circumstances.
Bursting the Bubble of Associate Compensation
January 01, 2020
Smart business leaders compete by constantly seeking cost advantages. Yet law firm leaders compete by perpetually increasing associate compensation. As always, this will not end well.
Uniform Voidable Transactions Act Signed Into Law in NY
January 01, 2020
On Dec. 6, 2019, Gov. Andrew Cuomo signed legislation modernizing New York's 95-year-old fraudulent conveyance law and making it consistent with the U.S. Bankruptcy Code and the law of at least 44 other states. The Uniform Voidable Transactions Act (UVTA) primarily clarifies the rights and remedies of parties involved in transactions with financially distressed entities.
GDPR Had Some Bite in 2019
January 01, 2020
Although no company was hit with the maximum GDPR fine of 4% of the company's worldwide annual revenue, GDPR fines issued in 2019 were still a force to be reckoned with.
Adding Value, Reducing Risk: Peer Review for Construction Projects
January 01, 2020
In the aftermath of recent construction disasters leading to catastrophic failures and loss of life, the concept of peer review has taken on an entirely new significance. A comprehensive plan and specification peer review is an effective risk management strategy for ensuring quality construction.
Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
January 01, 2020
In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
How Retailers Are Pushing the Boundaries
January 01, 2020
Entertainment and experience has become the cornerstone of retail survival in the wake of increasing online shopping. Now, top brands are starting to incorporate entertainment experiences into select markets to bush the boundaries of the traditional retail structure.
