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We found 1,170 results for "The Bankruptcy Strategist"...

On the Move
March 28, 2008
Who's doing what; who's going where.
Strategic Uses of a Rule 2004 Exam
March 28, 2008
While most bankruptcy practitioners are familiar with the basic concepts behind the Rule 2004 exam, some are less familiar with the procedural intricacies of obtaining, conducting, and responding to the exam ' intricacies that often involve practices and procedures adapted from civil discovery that are beyond the scope of pure bankruptcy practice. This article explains.
Forum Shopping
March 28, 2008
Attention, forum shoppers! The Bankruptcy Court for the Southern District of New York, long known for its ability and willingness to handle large and complex business reorganizations with (even tangential) connections to New York as the 'financial capital of the world,' recently granted a motion filed by a group of creditors to transfer venue to California.
DE Bankruptcy Court Enforces 'X-Clause'
March 28, 2008
Recently, the United States Bankruptcy Court for the District of Delaware enforced subordination provisions against certain out-of-the-money subordinated noteholders. The latter had asserted that the so-called 'x-clause' in the indenture provided them with a right to recovery under the plan of reorganization despite the fact that the senior noteholders would not be paid in full. The decision is significant for several reasons ...
Protection from Unwanted Flattery
February 28, 2008
For the last several sessions, Congress has considered the Design Piracy Prohibition Act, which would expand copyright protection to include the cut and look of fashion designs. This proposed legislation could make many imitative designs illegal and add to the current, although somewhat limited, protections for fashion available under existing U.S. trademark, patent, and copyright laws. This article discusses these currently available protections, provides suggestions for designers for utilizing them, and examines changes to the Copyright Act proposed by the Design Piracy Prohibition Act.
Litigation
February 27, 2008
Recent rulings of importance to you and your practice.
Formal Recognition of Gay and Lesbian Relationships
February 27, 2008
According to the Human Rights Campaign, 26 states have adopted constitutional provisions limiting marriage to opposite-sex couples. Nineteen states have enacted similar statutory restrictions. Meanwhile, ten states and the District of Columbia have adopted varying levels of legal protection for same-sex couples and their children. While only one American jurisdiction allows same-sex couples to marry, at least five countries worldwide, including Canada, do so. Much is hazy in this legal landscape, but one thing is clear: In the short term, sister-state recognition of these relationships will be spotty at best, and will be fought out on a case-by-case basis.
On the Move
February 26, 2008
Who's doing what; who's going where.
Cleaning up After Debtor/Tenants
February 26, 2008
The Ninth Circuit has created a dubious distinction between tort-like damages and other non-rent damages that will undoubtedly spawn uncertainty and litigation. The authors explain why.
'Coudert Brothers': Court Limits Attorney's Retaining Lien
February 26, 2008
The U.S. Bankruptcy Court for the Southern District of New York recently issued a decision in <i>In re Coudert Brothers LLP</i> concerning the treatment of an attorney's retaining lien in the bankruptcy of a law firm. The decision does not alter the analysis that would obtain under applicable state law, and serves as an important reminder to attorneys that their liens to secure payment of amounts owed by clients and former clients depend on state law and are not enhanced in the bankruptcy setting.

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