Landlord's Claim Puts Letter of Credit Proceeds at Risk
August 01, 2016
A recent bankruptcy decision makes clear that it is risky for a landlord to file a proof of claim in a bankruptcy proceeding when the landlord has substantial security in the form of both a security deposit and letter of credit. Here's how this impacts commercial leasing.
Are Intercreditor Agreements Now Going According to Plan?
August 01, 2016
Intercreditor agreements are of greater importance given today's active secondary loan market, which clears a path for the debtor's original relationship lenders to sell their interests should a restructuring loom. Distressed debt purchasers, on the other hand, may have different objectives that make them less willing to join forces with longer-term holders.
<b><i>Sales Speak:</i></b> New Business Development Harvest
August 01, 2016
Business development comes from only three sources: current and recent clients, referrals and prospects. Of the three, the most overlooked client development resource is current clients, the so called "low-hanging fruit."
Professional Development: Take Time to Sharpen the Saw!
August 01, 2016
Steven Covey identifies the importance of taking time to "sharpen the saw" in his famous book "7 Habits of Highly Effective People." Covey suggests that, to be effective, we must devote time to renewing ourselves. Continuous renewal allows us to synergistically increase our ability to practice each of the other six habits.
Intellectual Property Rights in the UK After Brexit
August 01, 2016
While the dust continues to settle from Brexit, questions abound regarding how the United Kingdom's historic vote to leave the European Union will affect the future. Intellectual property owners have a variety of mechanisms available for the protection of their patents, designs and trademarks, and Brexit has different significance depending upon how intellectual property protection in the UK was obtained.
FTC Settles with Warner over Paid 'Influencers'
August 01, 2016
When the FTC ramped up its scrutiny of so-called "native" advertising this year, regulators faulted the department store chain Lord & Taylor for failing to disclose that seemingly objective promotions of a clothing collection were, in fact, paid for by the fashion retailer. Then in July 2016, the FTC showed that a company can make disclosures but still fall short of being fair to customers.
Business Triage
August 01, 2016
There is a whole host of issues and concerns in each matter involving a troubled company. What is the best way to evaluate a company's chance of survival? Perform an assessment of issues that can help determine if a company will survive, and considering additional factors that can influence a company's chances.
Private Equity Investment Funds, Beware!
August 01, 2016
On March 28, 2016, the United States District Court for the District of Massachusetts released a controversial opinion that could have a chilling effect on private equity funds considering whether to invest in companies with pension obligations.
