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At the Intersection: A Practical Slant on LPM Implementation

Some practical lessons for creating, launching and institutionalizing this practical case management approach across the firm.

Partner Compensation

Objective financial factors are easy to measure ' but they should not be the only considerations in determining partner compensation.

Occurrence Analysis in First-Party Insurance

Among those courts to have considered the issue of what policies respond in the context of a first-party property claim, the overwhelming majority have recognized that manifestation is the appropriate measure.

Hurricane Sandy Aftermath

There are three distinct yet related positions that policyholders may be able to pursue in order to obtain coverage for the extensive damage that their properties endured.

The Calm Before the Storm Is the Time to Consider Insurance Coverage

The calm before the next storm is an opportune time for a company to consider the adequacy of its insurance program. Here's what you need to know.

<i>BREAKING NEWS:</i> Utah's Same-Sex Marriage Ban in Tenth Circuit's Hands

A federal judge's refusal to stay a ruling that allowed same-sex marriages in Utah has set off a skirmish before the U.S. Court of Appeals for the Tenth Circuit.

In the Marketplace

Who's doing what; who's going where.

Prepayment Premiums and Make-Whole Payments

To determine whether a creditor has an enforceable right to collect a prepayment premium in bankruptcy, courts first consider the text of the loan documents.

Ubi Sunt, Buck-Out Lease?

Despite predictions in several quarters, the so-called buck-out lease appears alive and healthy, if not as robust as it once was.

The MAC Clause

This article is the second in a continuing series on resolving contentious issues in sophisticated lease transactions. In this installment: The MAC Clause.

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The Availability of Self-Help Evictions to Commercial Landlords
A landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of Sale
Explaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.
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Second Circuit Rejects Arbitration of Debtor's Asserted Discharge Violation
A bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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