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Under the Radar Industries Prime for Cyber Hackers
July 01, 2016
It is no surprise to anyone that certain industries are more of a target for cyber criminals than others, although today all businesses are likely on the radar. The financial institutions and large retailers usually get most of the attention. However, four industries are high-value targets, and lag behind the preparation curve: hospitality, healthcare, higher education and legal.
Debtor's Power to Reject Executory Contract Trumps Counter-Party Debtor's Power to Assume Same Agreement
July 01, 2016
The expansive ability granted to debtors to assume or reject existing executory contracts is premised on the policy that debtors should have the ability to abandon burdensome obligations while retaining favorable ones ' all with the overriding goal of rehabilitation in mind. A look at the Noranda Bankruptcy.
Additional Insured Form Undergoes Change
July 01, 2016
Transactional attorneys involved in negotiating commercial leases, construction contracts, or any contract in which one party requires the other party to provide insurance against personal injury or property damage should have a good understanding of the new "additional insured" form endorsement to a Commercial General Liability (CGL) insurance policy.
<b><i>Legal Tech: Case Study</b></i> Jackson Walker Forges Ahead in an Ambitious Quest to Permanently Replace the Paper File
July 01, 2016
It was just five years ago when our managing partner, Wade Cooper, shared his long-term vision for Jackson Walker's file management strategy. He challenged us to stop talking about going paperless and actually do something about it.
Should Bankruptcy Professionals Be Compensated for Defending Their Fee Applications?
July 01, 2016
The ability of bankruptcy estate professionals to obtain payment for defending their fee applications has been severely curtailed with the United States Supreme Court's decision of <I>Baker Botts L.L.P. v. ASARCO LLC.</I> But such a limitation is inappropriate.
IP News
July 01, 2016
Federal Circuit Remands PTAB Decision Due to Claim Construction Change <br>Supreme Court Restricts Challenges to PTAB's Institution Decisions and Upholds Broadest Reasonable Interpretation Standard in IPR Proceedings
Med Mal News
July 01, 2016
Discussion of the latest news of interest to you and your practice.
Electronic Discovery: A Level Playing Field?
July 01, 2016
Courts have sanctioned corporate defendants for years for failure to produce or preserve electronically stored information (ESI). There have been, however, a few decisions in which courts have imposed sanctions or other penalties on plaintiffs who destroyed ESI. The misconduct giving rise to sanctions has varied from fraud and bad faith to inadvertence.
<b><i>Sales Speak:</i></b> Grip, Grin ' And Grow
July 01, 2016
If you want to grow your practice, it is time to stop hiding behind your LinkedIn page and website profile and stride boldly into the field where real, live clients and referrals sources dwell. It is time to look someone in the eye and shake their hand.
Executive Coaching Drives Future Leadership Success
July 01, 2016
Executive coaching has finally made contact with Big Law, big time. This paradigm shift has happened because research now proves there is a return on investment realized by organizations that invest in professionally developing human capital .

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    Over a decade ago, a Delaware Chancery Court's footnote in <i>Credit Lyonnais Bank Nederland, N.V. v. Pathe Communications</i>, 1991 WL 277613 (Del. Ch. 1991), established the "zone of insolvency" as something to be feared by directors and officers and served as a catalyst for countless creditor lawsuits. Claims by creditors committee and trustees against directors and officers for breach of fiduciary duties owed to creditors have since become commonplace. But in a decision that may have equally great repercussion both in the Boardroom and in bankruptcy cases, the Delaware Chancery Court has revisited zone-of-insolvency case law and limited this ever-expanding legal theory.
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