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Navigating the Bankruptcy Court's Power to Modify a Secured Creditor's Lien
February 01, 2017
This article focuses on the impact of the Bankruptcy Code's section 552, which addresses the effect of a bankruptcy filing on property acquired by the debtor after the filing of the bankruptcy case (referred to as "after-acquired property") and proceeds of pre-bankruptcy collateral.
Recent Developments in the Section 956 Deemed Dividend Rules<br></font>
February 01, 2017
<i><b>How to Avoid the Tax Pitfalls of 26 U.S.C. §956 when Negotiating Lending Transactions for Clients with Foreign Country Operations</i></b><p>A popular conduit for operating in a foreign country is a controlled foreign corporation (CFC). In 2012, U.S.-controlled foreign corporation earnings topped $793 billion as the world economy became increasingly interconnected. See, IRS, Statistics of Income. How does the aforementioned trend impact the legal profession?
New Hockey Team's Trademark Dispute Nothing New
February 01, 2017
What happens in Vegas does not necessarily stay in Vegas. Such was the recent ruling by the USPTO that denied registration of the trademarks "Las Vegas Golden Knights" and "Vegas Golden Knights" to the newest NHL franchise, due to their similarity to Golden Knights of the College of Saint Rose, a mark owned by a small college in Albany, NY.
Cooperatives & Condominiums
February 01, 2017
Why the holder of a prior mortgage was not entitled to surplus funds.
Using Background Checks to Hire and Retain Employees
February 01, 2017
The most important tool a hiring manager can use to identify and deliver the best employees is a background check. Such a check may include information from multiple sources, including credit reports, employment verifications and criminal record searches. Most employers use a vendor to access this information, but there are some who engage in these searches and verifications themselves.
Make-Whole Mayhem
February 01, 2017
<i><b>Uncertain Treatment of Make-Whole Premiums Upon Bankruptcy-Induced Acceleration and Redemption of Indentures</b></i><p>Recently, tempted by attractive interest rates, certain borrowers have sought to use the bankruptcy process to shield themselves from their obligations to pay make-whole premiums contemplated by their indenture documents. Although certain courts have allowed crafty borrowers to shed unwanted make-whole obligations through the bankruptcy process, other courts refuse to sanction such manipulation.
Avoiding the Hazards of Acquisition: Due Diligence in the Merger or Acquisition of a Product Manufacturer
February 01, 2017
As corporations continue to reshape at a rapid rate, due diligence groundwork concerning product liability issues can be critically important. This article addresses how deals can be structured, and the areas that need to be explored, when evaluating a potential deal from the perspective of product liability.
Building a Business Case for a Data Privacy Program
February 01, 2017
When members of the Compliance, Governance and Oversight Council (CGOC) discuss data privacy and security today, I see an entirely new level of urgency.…
Do Your Employment Practices Violate Antitrust Law? They Might!
February 01, 2017
Did you know that your employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the Federal Trade Commission and the Department of Justice Antitrust Division.
The 'Panama Papers' and You<br><font size="-1"><b><i>Part Two of a Two-Part Article</b></i></font>
February 01, 2017
Last month, the authors began a discussion of the legal consequences of the release of the so-called "Panama Papers," a trove of more than 11.5 million documents a whistleblower gave to a reporter at the German newspaper Süddeutsche Zeitung (SZ) in Spring 2016. The authors conclude their analysis herein.

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