Confidential Lease Terms Versus Public Access to Government-Held Documents
August 01, 2017
Commercial landlords with multiple properties, or developments with more than one tenant, are generally loath to disclose to potential tenants the terms of leases into which they have previously entered. So, what happens when a government entity has demanded or been given a lease as part of a governmental process, such as when a landowner is seeking permission to build?
<b><I>Lyondell Chemical</I></b>: A Long and Winding Roadmap for Creditors in Leveraged Transaction Cases
August 01, 2017
In July 2009, the LyondellBasell Litigation Trustee commenced litigation arising out of the merger of Lyondell and Basell, seeking the recovery of billions of dollars for the benefit of unsecured creditors. And, as Bankruptcy Judge Martin Glenn observed, the Trustee "threw the kitchen sink" at the defendants. Eight years of litigation and two bankruptcy judges later, we have a decision.
Jury Verdict in Allman Film Fatality Trial To Be Appealed
August 01, 2017
CSX Railroad says it will appeal a Savannah, GA, jury verdict of $11.2 million rendered after a six-day trial stemming from the fatal train accident on the set of the film Midnight Rider of which CSX Railroad is required to pay $3.9 million according to the jury's apportionment.
Court Holds That Deposits Would Be Hypothetical
August 01, 2017
In a recent ruling, the Ninth Circuit held that bankruptcy courts may permissibly engage in "hypotheticals within hypotheticals" so long as the inquiry is factually warranted and is supported by appropriate evidence, and provided further that the hypothetical action would not contravene any other provision of the Bankruptcy Code.
Bankruptcy Litigation Update: Determining Adequate Capital
August 01, 2017
This article focuses on the concept of "unreasonably small capital," which is not defined in the Bankruptcy Code or applicable state statutes. Consequently, the determination of adequate capital is fact-intensive and fertile grounds for litigation.
The Equal Pay Act
August 01, 2017
This year, 25 states and the District of Columbia are considering legislation that would prohibit employers from asking job candidates about past salaries. The belief is that by setting employees' salaries based on what they were paid at their last job, employers may be perpetuating gender discrimination that began long ago.
<b><I>Voice of the Client:</I></b> Client Feedback and Recent GC Panel Insight
August 01, 2017
Given the level of focus placed on client teams, industry teams, and client feedback by our law firm clients over the past 18 months, it would appear that firms are not only seeking out the voice of the client, but they are listening and taking action.
Motivating Attorneys to Accomplish Firm Objectives
August 01, 2017
The two major challenges now facing lawyer management in many of these mid-size firms are: 1) how to motivate the non-entrepreneurial attorneys to achieve and to perform; and 2) how to retain the "over-achiever" attorneys so they will remain with the firm.
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