For the past several months, the American Bar Association’s Commission on Ethics 20/20 (ABA) has been soliciting commentary on various ethics issues involving lawyers’ use of the Internet as an information-gathering device. [1] The Internet, dubbed the “information superhighway” in the early 1990s, is commonly used by attorneys to gather
Whether it is discovery, pleadings or transactions, lawyers produce enough pages to fill countless file cabinets. As a means of alleviating the cost associated with additional physical storage space, attorneys have turned to digital storage solutions for client files, including confidential information.
A potential conflict among circuit courts regarding § 1129(b)(2)(A) of the Bankruptcy Code may soon exist. In a recent decision, Hon.
On November 18, 2010, Judge Gerber of the Southern District of New York Bankruptcy Court issued a decision on payment of non-fiduciary professional fees in In re Adelphia Communications Corp. [1] The Court allowed a number of distressed investors to be reimbursed for legal fees and other expenditures spent in competing for large
To confirm a chapter 11 plan under the so-called "cramdown option," at least one impaired class of creditors must accept the proposed plan. [1] To accept a plan, more than one half (in number) of the voting claimants in a class, representing at least two-thirds of the total dollar amount of voting claims in such class, must vote to accep
In these economic times, situations involving a licensing counterparty filing for bankruptcy are becoming more common, so it is vital for practitioners to address bankruptcy issues upfront during the negotiation of the licensing agreement. This is especially true for licensees who often rely heavily, if not exclusively, on a licensor for significant aspects of their business.
Recent decisions from Michigan and Georgia have cast further confusion on the issue of exclusivity of “bankruptcy-specific” exemption statutes. Under 11 U.S.C.
Recent decisions from Michigan and Georgia have cast further confusion on the issue of exclusivity of “bankruptcy-specific” exemption statutes. Under 11 U.S.C.
![Photo of David M. Hillman [1]](https://abi-org-corp.s3.amazonaws.com/committee/Authors/Hillman.jpg)
In In re Boston Generating LLC, a New York bankruptcy judge held that second-lien lenders could object to a debtor’s bid procedures approved by the first-lien lenders despite the terms of an intercreditor agreement. [2] The intercreditor agreement provided the first-lien lenders with the “exclusive right to…make determinations r
