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A Lease Is a Lease Is a ' Loan? Avoiding Recharacterization
November 19, 2012
This article explores the impact of recharacterization, and discusses the tests developed by courts to determine whether a lease will be considered to be a secured loan. Then, a review of the most recent cases shows the characterization tests in practice.
Movers & Shakers
November 16, 2012
Who's doing what; who's going where.
Case Briefs
November 16, 2012
Highlights of the latest insurance cases from around the country.
Avoiding the Excess Layers
November 16, 2012
Several courts have recently held that an insured bears the burden of demonstrating proper exhaustion of underlying policies, including where multiple policies are involved in a settlement. These decisions have prevented insureds from accessing millions of dollars in excess coverage based on the unambiguous exhaustion language included in the operative excess policies.
Henkel (Almost) 10 Years Later
November 16, 2012
The meaning of "anti-assignment" clauses has been hotly disputed since 2003, when the California Supreme Court interpreted the clause in a manner that restricted the transfer of coverage rights in certain corporate transactions. This article examines how other courts have resolved the anti-assignment issue in the last decade.
Movers & Shakers
November 14, 2012
Who's doing what; who's going where.
The 'Unfinished Business' of Failed Law Firms
November 14, 2012
Recently, two New York federal district courts reached conflicting decisions in the Coudert Brothers LLP and Thelen LLP bankruptcy cases with respect to a law firm's purported ownership interest in future profits from its former clients' matters pending on the date of the law firm's dissolution, or "unfinished business.
Traditional Cost Recovery
November 14, 2012
The firestorm of publicity regarding clients pushing back and refusing to pay for certain fees, and especially soft costs, begs the question: Is the traditional cost recovery model dying or perhaps already dead? The answer is no.
Fourteen Profitability Techniques Other Than More Hours and Higher Rates
November 14, 2012
This article describes 14 approaches to enhancing profitability other than working more hours and charging higher hourly rates.
2013 - How Many Law Firms Will Survive?
November 14, 2012
2013 - How Many Law Firms Will Survive? Only one in eight firms have strategic plans, according to a recent ALM Intelligence survey and many don't have the skills and staff to implement them. This is a troubling if not alarming statistic for nearly three quarters of the country's law partners and management. Is it keeping them up at night? How many of those firms will survive the next five years?…

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