Debtors Cannot Sell Unsecured Creditor's Collateral
November 30, 2015
Under Section 363(f) of the Bankruptcy Code, a debtor may sell property free and clear of a third-party's liens, claims and encumbrances only if that party "could be compelled, in a legal or equitable proceeding, to accept a money satisfaction" of that party's interest in the property. However, in a recent case, the judge was faced with a relatively rare scenario.
Working Capital Adjustments
November 30, 2015
Working capital adjustments are often some of the most highly negotiated provisions in a private company mergers and acquisitions (M&A) transaction agreement. The provisions are complex and involve a blend of legal and accounting concepts and standards and can have an immediate impact. It is essential to understand the nuances to avoid traps for the unwary.
Employee-Related Litigation
November 30, 2015
Business bankruptcy filings are down significantly from their high point during the Great Recession. What appears to have replaced foreclosures and institutional debt issues as the straw that breaks the camel's back is litigation. In many cases seen locally (in the Central District of California), the nature of litigation that pushes a company over the line comes in the form of employee-related causes of action.
Higher Profitability in 2016
November 30, 2015
Depending on who you ask, your prospective clients are between 50%-90% through their buying process before even contacting you. Consider that for a minute, especially focusing on how powerful recommendations are in the legal profession.
Firms Have Opportunities in GC Shuffle
November 30, 2015
If in-house legal departments are holding tighter to their company's legal work and going to fewer law firms when they do send out work, the best time to get an "in" with a legal department may be when they switch general counsel. And that is also when existing firms need to fight to keep their relationships.
The Rise of No-Injury Class Actions
November 30, 2015
We all know that for a product liability plaintiff to have standing to sue, he must demonstrate both that he suffered some form of compensable harm and that the harm was caused by the defendant's product. But what if that plaintiff is an unnamed member of a class action?
CyberSecure Conference This Month
November 30, 2015
ALM's cyberSecure is taking place on Dec. 15-16 in New York City. The conference will provide the insights and connections necessary to implement a successful preparedness and response strategy.
Private Actions to Enforce Zoning Violations
November 30, 2015
When does a neighboring landowner have standing to bring a private action to enjoin a zoning violation? That question reaches the New York courts with some frequency, and although the recent trend is to liberalize standing requirements, the answer is not entirely free from uncertainty.
Components of Transactions for Acquiring Professional Sports Teams
November 30, 2015
Sports team acquisitions have garnered headlines over the past few years, with several recent team prices ranging in the billions of dollars. Not long ago, sports franchises were run like small businesses, with any net profit generated being an additional, but not always expected, benefit. Today, given rising acquisition costs and the lucrative revenue opportunities teams offer, they are run as sophisticated enterprises with the purpose of yielding profit for their well-heeled investors.
The Annual State of the Firm Report
November 30, 2015
As the year draws to an end, many of the more enlightened law firm managing partners and members of the executive committee assess the results of the current year and begin to develop plans for the coming year.
