Outside Counsel
Tax Considerations Stemming From Restructuring Transactions
Monday, November 23, 2009
Elizabeth L. McGinley, a partner at Bracewell & Giuliani, and Alexander W. Jones, an associate at the firm, discuss important differences in the tax consequences to both debtors and creditors resulting from various forms of debt restructuring transactions. There are a significant number of tax issues relevant to the parties in these transactions, and careful planning is necessary to maximize the after tax return to the creditors and also minimize the tax burden on the debtor, which is relevant to creditors that may benefit from the debtor's reduced cash tax liability.
SPONSOR SPOTLIGHT
'Continuous Treatment' Doctrine Applied to the Estate Planner
Friday, November 20, 2009
Attorney Bruce M. DiCicco writes that a recent opinion may be read to announce that where there is an ongoing fiduciary relationship with the transferor of real property in connection with estate planning, the continuous treatment doctrine tolls the commencement of the statute of limitations for the rescission of a deed created as part of the overall estate plan until the termination of such relationship (in most cases upon the death of the transferor) notwithstanding the existence of a recorded instrument more than six years prior to the date of the action.
'Cherry' Changes Sole Proximate Cause Defense in Labor Law Actions
Thursday, November 19, 2009
Jonathan A. Judd, a partner at Havkins Rosenfeld Ritzert & Varriale, writes that during the last few years, the sole proximate cause defense has developed into a potent weapon for attorneys defending claims brought pursuant to Labor Law §240(1). In determining the applicability of the defense, he says, the courts have grappled with the issue of whether it can be invoked where the plaintiff's "normal and logical response" should have been to obtain equipment which could have averted his injury.
Bankruptcy Remote Entities: Not as Remote as You May Think
Wednesday, November 18, 2009
Arthur J. Steinberg, a partner at King & Spalding, and Scott I. Davidson, counsel at the firm, analyze a recent decision which highlights the possibility that "bankruptcy remote entities" will not always be insulated from bankruptcy filings, regardless of whether they are solvent and operating on a positive cash flow basis. A severely depressed economic climate impacting an overall industry, they warn, often forces lawyers and courts to develop innovative solutions to foster reorganization alternatives.
Keeping Up With Changing Areas Of British Divorce Law
Tuesday, November 17, 2009
Marian R. Shelton, a former New York Family Court judge, writes that American expatriates resident or domiciled in England may become a party in an English divorce proceeding, and British courts have since the turn of the century moved into the vanguard of insuring economic fairness upon the dissolution of marriage. A recent opinion reflects an emergent consensus in England, she says, "favoring individuals ordering and deciding their own interests through contractual arrangements."
Past Columns
'Continuous Treatment' Doctrine Applied to the Estate Planner
Friday, November 20, 2009
'Cherry' Changes Sole Proximate Cause Defense in Labor Law Actions
Thursday, November 19, 2009
Bankruptcy Remote Entities: Not as Remote as You May Think
Wednesday, November 18, 2009
Keeping Up With Changing Areas Of British Divorce Law
Tuesday, November 17, 2009
Teenage Self-Injury: The Secret Language of Pain
Friday, November 13, 2009
Moving Forward on Patentable Subject Matter After 'Bilski'
Thursday, November 12, 2009
The 2009 Managed Care Reform Act: Does It Go Far Enough?
Tuesday, November 10, 2009
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


