<b><i>At the Intersection:</i></b> Strategic Pricing
November 30, 2015
The difference between <I>pricing</I> legal work the way law firms have always done it and <I>strategic</I> pricing is simple: The former looks at the price tag from the law firm's point of view, focusing on revenue and profitability. The latter focuses not on how much clients can be convinced to pay, but on perceived bang for the buck... .
Wage and Hour Red Flags
November 30, 2015
Many California employers are hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. Some of these claims are legitimate, some are not, but employers must defend against all such claims, often incurring hefty attorneys' fees in the process.
Restaurant Leasing
November 30, 2015
This article highlights a variety of lease provisions that are particularly germane to restaurant tenants.
<i>Fokker</i> and Its Aftermath: The Irony and the Legacy
November 30, 2015
While recent years have seen a rash of decisions rejecting civil settlements between the SEC and corporate defendants, <I>United States v. Fokker Services B.V.</I> represents the first time that a federal court has rejected an agreement in the criminal context.
Dangers of Relying on a Single-Period Capitalization Mode
November 30, 2015
The biggest danger to matrimonial attorneys is that the valuation professional will only give this single-period model as the sole support for the opinion, seemingly ignoring other market evidence and asset/liability components. If this is the situation, the matrimonial attorney should understand how to attack the opposing expert, or seek support of his/her expert in a hearing to rehabilitate the expert following a cross-examination scrutiny.
Training Tomorrow's Lawyer
November 30, 2015
There's math and technology involved? Count me out, that's why I went to law school." The attorneys in the room nod at each other, smiling at this joke that more than a few of us have told at one point in our careers. But it looks like this joke has finally run its course. The practice of law is not immune to technological advances, especially in the areas of research methodologies and, of course, electronic discovery.
Eminent Domain Law
November 30, 2015
A look at a case in which the landowner brought a proceeding challenging condemnation of an easement across landowner's land.
Disposition of Partial LLC Interests in Bankruptcy
November 30, 2015
The most obvious and logical candidates to purchase an estate's LLC interests are the other, non-bankrupt members because the market for selling privately held LLC interests is thin, and dispositions to third parties may raise complications concerning sales of unregistered securities.
Debtors Cannot Sell Unsecured Creditor's Collateral
November 30, 2015
Under Section 363(f) of the Bankruptcy Code, a debtor may sell property free and clear of a third-party's liens, claims and encumbrances only if that party "could be compelled, in a legal or equitable proceeding, to accept a money satisfaction" of that party's interest in the property. However, in a recent case, the judge was faced with a relatively rare scenario.
Working Capital Adjustments
November 30, 2015
Working capital adjustments are often some of the most highly negotiated provisions in a private company mergers and acquisitions (M&A) transaction agreement. The provisions are complex and involve a blend of legal and accounting concepts and standards and can have an immediate impact. It is essential to understand the nuances to avoid traps for the unwary.
