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The Era of 'Busted Deals'?
The current financial environment has generated an atmosphere where not only are fewer “deals” taking place, but also many deals that are far down the path of consummation may fall apart. These “busted deals” started occurring in late 2007 and continue. As the demand for exit and acquisition financing continues to exceed the supply, it is safe to assume we will continue to see a number of “busted deals.”
Why Do Deals 'Bust'?
“Busted deals” have resulted for a variety of reasons, and occur both in and out of bankruptcy. The inability of lenders to syndicate loans has caused several Debtor-in-Possession (“DIP”) financings and Exit Financing financings to fail, with the result being an inability to reorganize or significant delays in exiting Chapter 11. Typically, lenders have relied on “MAC” clauses, alleged breaches of representations and warranties, or the failure of closing conditions to terminate a commitment. The failure to obtain DIP financing will usually prevent a reorganization on an orderly sale of a business. In the case of certain recent retail bankruptcies, inventory has been sold on the “open market” for a significantly diminished price. Additionally, the loss of large numbers of businesses not only has an economic impact, but also a psychological impact on consumer confidence, resulting in lower overall
spending.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.