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Protect Your Insurance
November 01, 2003
Whether in bankruptcy or in liquidation, trustees or liquidators of insolvent corporations look for available sources of cash to pay creditors. Unfortunately for in-house or outside attorneys representing such corporations, director and officer liability policies or professional malpractice policies are identified early on as possible sources of funds for insolvent companies. This article discusses the theories that are typically brought in these cases, and suggests ways to avoid or defend such claims in the future.
Is Your IP Worth Protecting?
November 01, 2003
Corporate counsel often relay their client's concerns about the importance of zealously protecting their company's Intellectual Property (IP), but do these clients appreciate what that entails or appreciate some of the pitfalls? Consider a few questions: If your company creates something, does it own it? If it owns it, is it protectable and, if protectable, what is the cost to fully protect it? Where should it be protected? Does it have commercial value? The purpose here is to raise the issues that address these questions and which will provide counsel some of the information needed to take a more measured approach when considering their company's IP.
Hotline
November 01, 2003
Recent developments of interest to corporate counsel.
You Need Forensic Technology!
November 01, 2003
It is almost inconceivable that in late 2003, bankruptcy trustees are conducting financial investigations without the benefit of this expertise. How can any trustee investigate the debtor and uncover assets, accounting and bankruptcy fraud without initiating a digital forensic accounting examination?
The Bankruptcy Hotline
November 01, 2003
Recent rulings of importance to you and your practice.
Deepening Insolvency Trend Expands to Delaware
November 01, 2003
Spurred on by the current economic downturn, the use and acceptance of deepening insolvency as a cause of action in the bankruptcy arena continues to become more established and recognized. The Third Circuit already aided this development by recognizing deepening insolvency as a cause of action under Pennsylvania law in <i>Official Committee of Unsecured Creditors v. R.F. Lafferty &amp; Co., Inc.</i>, 267 F.3d 340 (3d Cir. 2001). Now, the Delaware Bankruptcy Court in <i>In re Exide Technologies, Inc.</i>, 2003 WL 22079513 (August 21, 2003) has recognized deepening insolvency &mdash; this time as a valid cause of action under Delaware law &mdash; in a lawsuit by an unsecured creditors committee against lenders of a bankrupt company.
Seminars
November 01, 2003
The hottest meetings in the industry.
The Creditor in Possession
November 01, 2003
A hallmark of United States bankruptcy law has been the principle that a debtor should be provided with an opportunity to use the bankruptcy to get a "fresh start." That principle, initially applicable to individuals, was carried forward as an underlying premise of business reorganizations and coupled with the belief that reorganizations preserved going concern values. The value of reorganization as compared with liquidation in cases of major business failures was first realized in connection with the reorganization of railroads during the latter part of the 19th century that continued into the 20th century. In the context of the current economic environment, the underlying premise of railroad reorganizations of preserving going concern value may no longer be viable.
A Rush To Beat Tort Law Deadlines
November 01, 2003
The legislative package of the American Medical Association aimed at limiting suits against doctors and hospitals has been unusually successful this year.…
MedBytes
November 01, 2003
Where you can find the hottest information online.

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  • Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
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  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
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