The Fifth Circuit Takes On the Issue of Prepayment Premiums
In a recent decision by the Fifth Circuit, the court held that a lender's pre-bankruptcy acceleration of a promissory note arising from a borrower's nonpayment default did not trigger provision for a prepayment premium in the absence of an actual loan prepayment.
Counsel Fees: A Tipping Point
The recent decision in <I>Sykes v. Sykes</I> sent shock waves reverberating throughout the New York matrimonial bar for its direction that during the pendency of a divorce litigation, the less monied spouse may be required to use a portion of her share of the marital estate to pay her legal fees, rather than continue to have such fees paid by the wealthier spouse.
Ten Reasons to Just Say No to New Work
The battles to land new clients and matters are fierce and the consequences of losing are far more damaging than ever. Nevertheless, there are times when the smart play is to decline, no matter how alluring the likely fees are.
QDRO or Buyout?
Last month, we discussed the fact that some 84 million Americans work for companies that maintain ERISA-covered retirement plans that are divisible by QDROs, which guarantee the non-worker spouse (the non-owner) a share of the pension. We conclude the discussion herein.
FCC Punts on Net Neutrality
Criticized from the right and the left, FCC Chairman Tom Wheeler last month tried to chart a middle path on net neutrality ' and pleased no one.
Eliminating Chaos in e-Discovery Preservation Through Technology, Workflows And Automation
How can organizations eliminate the chaos and risks in preservation for e-discovery? Technology and process can make a big difference, especially when simplifying and streamlining the entire legal hold process, from issuance to release. This article explores some of the key considerations for applying technology to defensibly eliminate the chaos often encountered during preservation.
How Women Lawyers Can Chart a Different Course
For all the chatter, studies, and disheartening stats we read on where Women in the Law rank in the legal services sector, I say "phooey." Yes, the numbers stink; yes, there are real barriers, discrimination, disappointing treatment from law firm leadership, but hey, we are women "with a capitol W" as the phrase goes.
