Outside Counsel
Have GM and Chrysler Sales Made Reorganization Requirements Obsolete?
Friday, November 6, 2009
Stuart Hirshfield, a member of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, writes that in two recent monumental bankruptcy cases, the U.S. Bankruptcy Court for the Southern District of New York approved the sales of the bulk of each of Chrysler and GM's assets, outside of the ordinary course of business, pursuant to §363 of the Bankruptcy Code. The sales were approved shortly after the filing of the respective debtors' petitions commencing their voluntary Chapter 11 cases, and, he notes, in each case, the U.S. government played a significant role in effectuating the sales, through substantial prepetition financing and becoming a significant owner of each of the acquired entities.
SPONSOR SPOTLIGHT
Local Law 7: Expanding 'Housing Standards' in the Civil Court
Thursday, November 5, 2009
Menachem J. Kastner, a member of Cozen O'Connor, and Ally Hack, an associate at the firm, discuss Local Law 7, which was enacted to give tenants yet another avenue to pursue "landlord harassment" claims, and its issues and inconsistencies, which provide fertile ground for advocacy on behalf of building owners. In the end, write the authors, Local Law 7 is inherently ambiguous, seemingly contradictory, impermissibly subjective and out of place within New York City's Administrative Code's enforcement scheme. It remains a fertile arena for litigation until the Appellate Courts speak on its meaning and intent.
Pandora's Box and the Bank of America
Wednesday, November 4, 2009
C. Evan Stewart, managing partner of the New York office of Zuckerman Spaeder, an adjunct professor of law at Fordham Law School, and a visiting professor at Cornell University, writes that the Pandora's Box, which Judge Rakoff opened in order to "protect" BoA shareholders, has resulted in (a) costly litigation with the SEC in which BoA will likely prevail, (b) costly civil litigation with private parties in which BoA will have great difficulty protecting privileged communications, (c) governmental agencies (like the SEC) likely shifting their enforcement/settlement protocols in ways that protect the agencies from public embarrassment (while not necessarily affording their public company targets more due process rights), and (d) corporate executives (and the lawyers who advise them) having no faith that the corporate attorney-client privilege has a breath of life left.
Free With Registration: Revisiting 'Bruton' Issue on Confessions and Limiting Instructions
Tuesday, November 3, 2009
Paul Shechtman, a partner at Stillman, Friedman & Shechtman and an adjunct professor at Columbia Law School, discusses a recent Second Circuit decision that allowed the use of one defendant's confession with references to the second defendant replaced with the words "another person." The court found the confession passed muster under Tutino, reasoning that the jury had to refer to other trial evidence to link the second defendant to the redacted statement, but is Tutino the right test?
Accommodating Struggling Borrowers: No Good Deed Goes Unpunished
Monday, November 2, 2009
Howard E. Cotton and Michael S. Gordon, partners at Katten Muchin Rosenman, write that in the current economic climate, lenders continue to face the Hobson's Choice of how to respond to once-reliable borrowers who are now showing signs of distress. If a lender opts to accommodate a delinquent borrower rather than pursuing foreclosure, deferring acceleration or other enforcement rights upon the occurrence of an "event of default," under recent case law, that lender might be deemed to have modified or waived certain rights under the original loan documents at issue, even if these underlying documents contain "no waiver" or "no oral modification" provisions.
Past Columns
Have GM and Chrysler Sales Made Reorganization Requirements Obsolete?
Friday, November 6, 2009
Local Law 7: Expanding 'Housing Standards' in the Civil Court
Thursday, November 5, 2009
Pandora's Box and the Bank of America
Wednesday, November 4, 2009
Free With Registration: Revisiting 'Bruton' Issue on Confessions and Limiting Instructions
Tuesday, November 3, 2009
Accommodating Struggling Borrowers: No Good Deed Goes Unpunished
Monday, November 2, 2009
Do Second Circuit Reversals In Employment Cases Signal a Trend?
Friday, October 30, 2009
Limitations in Sentencing Under State Criminal Securities Fraud Statutes
Thursday, October 29, 2009
Deregulation Under Rent Stabilization: How Long Must Landlords Keep Records?
Wednesday, October 28, 2009
If The Sedona Conference Builds It, Will They Cooperate? Year in Review
Tuesday, October 27, 2009
Use and Misuse of Judgments By Confession to Enforce Settlements
Friday, October 23, 2009
Consumer Protection 2009: Federal, New York Statutes Guide
Thursday, October 22, 2009
Continuing Medical Education: Criminal Risks in Sponsorship
Wednesday, October 21, 2009
Effects of the 401(k) Fair Disclosure and Pension Security Act
Tuesday, October 20, 2009
Free With Registration: Mail and Wire Fraud Developments: A Death Knell for 'Puffery' Defense?
Friday, October 16, 2009
Copyright Fair Use: A Comment On the Parody Defense
Thursday, October 15, 2009
Free With Registration: Setting Valuation Dates for Marital Property in Global Economic Crisis
Wednesday, October 14, 2009
The Treasury Department's 'Compensation Czar'
Tuesday, October 13, 2009
Free With Registration: Condominiums and the New Power of Attorney Law
Friday, October 9, 2009
Data Breach Notification and the Multinational Employer
Thursday, October 8, 2009
A Second Attempt at Equal Pay: The Paycheck Fairness Act
Wednesday, October 7, 2009
No Duty to Defend Insured Against Affirmative Defense of Offset
Tuesday, October 6, 2009
Federal Review of Procedural Bars To Ineffective Assistance Claims
Monday, October 5, 2009
Inevitable Disclosure Doctrine: Hardly Inevitable in New York
Friday, October 2, 2009
Tightening the Labor Law: Falling Objects and §240(1)
Thursday, October 1, 2009
The Doctrine of 'Open and Obvious' in New York Courts
Wednesday, September 30, 2009
Claims Against Insurers For 'Bad Faith' Under New York Law
Tuesday, September 29, 2009
Fourth Circuit Sidesteps 'Stoneridge' In Case Against Investment Advisor
Monday, September 28, 2009
DIP Financing, Bankruptcy Concerns For Transactional Real Estate Lawyers
Friday, September 25, 2009
Use of Rule 21 to Create Jurisdiction Nunc Pro Tunc
Wednesday, September 23, 2009
Proposed Technical Corrections To New Power of Attorney Law
Tuesday, September 22, 2009
Property Insurance Appraisal Issues in New York
Monday, September 21, 2009
Appellate Division, Second Department, Roundup 2008
Friday, September 18, 2009
The Best Intentions - and a Newly Complex Power of Attorney Law
Thursday, September 17, 2009
SEC's New Enforcement Program: Rewriting the Rules of Engagement
Wednesday, September 16, 2009
The Lessons of 'Lyon' on Insider Trading Liability
Tuesday, September 15, 2009
Federal Circuit Reverses Standard For Fraud on the Trademark Office
Monday, September 14, 2009
Parallel Obligations of Disclosure And Investigation in Divorce Actions
Friday, September 11, 2009
Mock Arbitrations: A New Kind of Jury Research
Thursday, September 10, 2009
Use of Acquitted Conduct In Federal Sentencing
Wednesday, September 9, 2009
Foreign Judicial Corruption And Liability for Local Counsel
Tuesday, September 8, 2009


