Bankruptcy

Expert Analysis

• The Psychological Edge Of Relieving Stressed Jurors

  

  To guide overwhelmed jurors toward a calm, logical defense verdict in a high-stakes case, an attorney can apply the same psychological techniques that were developed in the treatment of substance abuse, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

• New Uncertainty Surrounds Disputes Over Foreign Stays

  

  A recent decision by the U.S. Bankruptcy Court for the Western District of Texas in the case of Sanjel adds a wrinkle to the case law addressing the domestic application of foreign stays through Chapter 15, and in particular, whether it is appropriate for a bankruptcy court to modify or limit a foreign stay, says Brian Wells of Weil Gotshal & Manges LLP.

• From BigLaw To Your Own Firm: 4 Tips For Legal Startups

  

  Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

• Energy Finance Attys Are Shifting Focus In Tough Times

  

  In the boom years of 2011 through 2014, energy lenders were directing their attorneys to “loosen up” credit agreements. Today’s distressed environment has seen lenders and their attorneys turn 180 degrees to shift their focus to a range of new issues, say Kraig Grahmann and Buddy Clark of Haynes and Boone LLP.

• 4 Communications Fundamentals For High-Stakes Litigation

  

  The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.

• Is Bank Debt A Security? GM's Dangerous Implications

  

  Borrowers, agent banks, syndicate members and secondary market purchasers incur, syndicate, sell and buy bank debt on the assumption that bank debt is not a “security.” However, a recent New York bankruptcy court opinion in the General Motors preference litigation shows that such an assumption may no longer be valid, says Thomas Moers Mayer, co-chairman of the corporate restructuring and bankruptcy department at Kramer Levin Naftal... (continued)

• Risk Management Tips For Attys Serving As Local Counsel

  

  Often, the lead counsel in a case maintains sole contact with the client and makes substantive decisions, relying upon the local counsel only to serve in the requisite capacity to satisfy jurisdictional procedures. Therein lies the problem — absent appropriate precautionary measures, the local attorney faces equal malpractice exposure for the substantive, strategic decisions of the lead counsel, say Patrick (Sean) Ginty of CNA Glob... (continued)

• Beware The 'Standard' Mediation Confidentiality Agreement

  

  There are several risks involved with signing a "standard" mediation confidentiality agreement, both to your clients and to yourself. Once you recognize these risks, you will never sign a standard MCA again, at least not without a lot of thought and a lot of disclosures to your client, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

• How Husky Is Your 'Actual Fraud' Claim?

  

  Critics have argued that a broadened reading by the U.S. Supreme Court of “actual fraud” in Husky International v. Ritz effectively eliminates the “obtained by” language in Section 523(a)(2)(A). Indeed, the jury is still out about whether this holding opens the door for a rush of dischargeability actions by credit card companies, say Ashley Dillman Bruce and former U.S. Bankruptcy Judge Lewis Killian Jr. of Berger Singerman LLP.

• 5 Mistakes To Avoid When Building Law Libraries

  

  As advances in technology continue to push law libraries in a more complex direction, many law firms are still making structural mistakes. Fahad Zaidi, senior consultant at HBR Consulting, notes five common pitfalls that law firms should be wary of when developing their libraries.