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The Case of the Broken Checklist
Good lending practice depends on checklists ' in fact, a checklist of checklists.
Consider:
- The bankers have to review all the mandatory due diligence, and analyze the prospective borrower's financials and business.
- The asset valuations must show collateral meeting the loan-to-value ratios.
- The lending lawyers must make sure that the loans have been approved with all required corporate formalities, and that the bank's liens have been properly created and recorded.
“Safety in lending” starts with simply making sure that everything on the list has been done, and that no corners have been cut.
The same concerns apply, not surprisingly, to a merger and acquisition (M&A) transaction. The buyer wants to make sure that it has acquired not only everything that the seller wants to sell, but also everything that it might need to operate the business, including rights that may not appear on an asset list in an appraisal. If those two lists are different, then the parties should discuss why some assets may not be in the deal during negotiations, rather than after closing, when the price of the omitted assets certainly will have increased. (In fact, the lender should take the approach of an M&A buyer, because the lender may be in the position of an M&A seller if it has to foreclose and wants to maximize the sale value of the assets.)
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.