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Enterprise Risk Management — Making It Count!
By Carolyn Rosenberg, Senior Partner, Insurance Recovery Group, and Carl Krasik, Chief Legal Officer, Reed Smith
December 15, 2011
Enterprise Risk Management (ERM) sounds great in theory, but what does it really mean in practice? As organizations embark on this process, consider these questions...
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Improved Returns: The Benefits of a 363 Sale for Secured Creditors
By Michael P. Grau and Juanita Schwartzkopf, Focus Management Group
November 15, 2011
The idea of relying on a 363 sale as a means of asset recovery can be a daunting prospect to a secured lender. What if no bidders attend? What if the stalking-horse bid is the only bid? What if the debt is not covered by sale proceeds? What if there is a disagreement among lenders in a syndicated loan about whether or not to make a credit bid?
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Sunshine is the Best Disinfectant — A Financial Advisory Update
May 9, 2011
Since December 2010, the Delaware Court of Chancery has emphasized in at least four cases the need for additional disclosures relating to financial advisors in merger and acquisition (M&A) transactions. The court has focused on increasing the breadth, depth and specificity of disclosures regarding any potential conflicts the financial advisor may have in serving the various parties to the transaction, the role of and work performed by the financial advisor, and the fees received by the financial advisor. In each of these cases the court required additional disclosure and enjoined the transaction for a period of time to allow the information to be considered by stockholders. Because delay poses risk to closing any transaction, detailed and specific disclosure in these areas is recommended.
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Are Contact Lists Still Trade Secrets in the Age of Social Networking Sites?
February 2, 2011
Recently, a United States District Judge in New York approved the report and recommendation of a Magistrate Judge holding that a headhunter’s contact lists were not protectable trade secrets because the information therein was readily ascertainable on social networking sites. See Sasqua Group, Inc. et al. v. Lori Courtney et al., 2010 U.S. Dist. LEXIS 93442 (Aug. 2, 2010) (report and recommendation).
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Big Boys Don’t Cry, But Fraudsters Do
November 19, 2010
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The Real “New Normal” Four ABLs on the Illusion of Perception
July 14, 2010
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Control Agreements — Avoiding a Potential Pitfall
June 15, 2010
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Views From the Bench:
Insights From Bankruptcy Judges & Attorneys on Bankruptcy Rule 2019
May 3, 2010
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The In Re Tousa Fraudulent Transfer Decision:
Impacts on Debt Trading, Derivatives Trading, Commercial Lending
February 18, 2010
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In the Wake of the Credit Crisis... A Study of U.S. Strategic M&A Transactions
January 21, 2010
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United States: Second Circuit Rules Bank Loan Underwriter Eligible for Overtime Pay
January 6, 2010
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PARTS I & II:
UCC Insurance for Secured Lenders:
Improved Risk Management in a Fragile Economy
December 16, 2009 & December 3, 2009
Read Part I... or Part II...

IMO Car Wash — Valuation in the Context of a UK Scheme of Arrangement
November 18, 2009
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The Estate as the Buyer’s Partner in §363 Sales
November 4, 2009
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Letters of Intent and Avoiding the Unintended
October 22, 2009
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G-20 Takes First Steps on Global Regulatory Reform
October 7, 2009
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Commercial Finance M&A: Scoping Out the ‘New Normal’
September 21, 2009
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