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In the Courts
November 01, 2018
Former CFO of Bankrate Sentenced to 10 Years in Prison for $25 Million Fraud Scheme
The 'New NAFTA' and How It Will Affect Intellectual Property Law
November 01, 2018
The stage is set for the 24-year-old north American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA), which has implications for intellectual property, to take its place.
Early Termination Provisions: A Landlord's Saving Grace … If Done Right
November 01, 2018
The focus of this article is the “early termination provision,” a lease provision that affords landlords the tactical advantage they need. Specifically, this article seeks to: 1) guide the practitioner through the pitfalls of a poorly drafted termination provision; and 2) advise the practitioner how to craft a proper and effective termination provision.
Only 30% of Workday Is Spent on Billable Hours, Report Says
November 01, 2018
U.S. lawyers are still spending too little of their workday on billable hours, a year after an eye-opening report found lawyers devoted only 29% — 2.3 hours — of each eight-hour workday to billable hours.
Bit Parts
November 01, 2018
<i>Friday the 13th</i> Screenplay Author's Copyright Termination Notice Found Valid<br>Infringement Suit over Justin Timberlake's “Damn Girl” Allowed to Proceed
Meritas' New Cybersecurity Standard Requirement Assures Legal Clients
November 01, 2018
Meritas, a nonprofit association of law firms, now requires its law firm members to follow a new cybersecurity standard. The reason for this new standard? Law firms' clients.
Valuation Implications of the Tax Cuts and Jobs Act of 2017
November 01, 2018
This article focuses on the impact of tax reform on C corporations and looks at the significant and complex changes to pass through entities.
Second Circuit Rejects Use of Involuntary Bankruptcy Petition As Collection Tool
November 01, 2018
A bankruptcy court properly dismissed a creditor's involuntary bankruptcy petition “for cause” when it “would serve none of the Bankruptcy Code's goals or purposes … and [when] the sole [petitioning] creditor is not substantially prejudiced by remedies available under state law,” held the U.S. Court of Appeals for the Second Circuit in </i>In re Murray.</i>
Upcoming Events
November 01, 2018
TexasBarCLE 28th Annual Entertainment Law Institute<br>Annual Entertainment, Sports &amp; Media Law Institute
Which Financial Representations Will Justify a Discharge Objection after Lamar, Archer?
November 01, 2018
The Supreme Court's decision in <i>Lamar, Archer &amp; Cofrin, LLP v. Appling</i> has significantly constricted the range and nature of statements that will support a successful objection by a creditor to the discharge of a debt that was obtained by the statements in question. This constriction could have a very real impact on how entities that loan money or provide services on credit review and collect information regarding a borrower's creditworthiness.

MOST POPULAR STORIES

  • Navigating the Attorney-Client Privilege and Work Product Doctrine in Bankruptcy
    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
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  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
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