The Scope of Indemnification in DIP Financing Agreements
March 28, 2013
This article examines the typical DIP financing indemnification provision and the less frequently seen pre-petition indemnification provision, and examines the effect of pre-petition indemnifications on the bankruptcy estate.
Cut Off Dates for The Valuation of Active Assets
March 28, 2013
It is long established under New Jersey law that the cut-off date for equitable distribution of an active asset is the date of the filing of the Complaint. The law in New York, however, allows some flexibility, and other states have departed from the bright-line rule.
Con Ed Reversal Ends LILO/SILO Saga ' And Then Some
March 28, 2013
In January, the U.S. Court of Appeals for the Federal Circuit handed down its decision in <i>Consolidated Edison Company of New York, Inc. v. United States.</i> The decision reverses the only lower court case that had decided a LILO or SILO transaction in favor of the taxpayer, and likely ends the decade-long litigation of these contentious leveraged lease cases.
Flawed Forensic Custody Reports
March 28, 2013
When a report has meaningful flaws that get in the way of trial goals, it is important to amplify the data and conclusions that support a client's interests so that they rise above, or overwhelm the "noise" that will be created by the other side .
Career Journal: Maximizing Your Marketing Talent
March 28, 2013
The reason that time management is so difficult for law firm marketers is because you are working for multiple bosses in a client-service, reactive work environment. This translates into having little control over what will hit your desk on any given day at any given minute.
How to Write in the 'e-Age'
March 28, 2013
Writing in many parts of the legal and business worlds has probably changed more in the last decade than in any comparable period over the last five centuries. Those who fail to adapt will pay the consequences.
Media & Communications: Spring Awakening
March 28, 2013
As your law firm heads into a busy and active spring season, here are several topical issues that can remind us of how we can add some rejuvenation and much-welcomed change into our legal marketing best practices.
Sales Speak: How to Close New Business
March 28, 2013
Attorneys are typically very good at describing their skills and recounting problems they have solved for other clients, but they struggle with asking for the business.
