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Giving Guidance As To Best Practices
Editor: Are you seeing situations among your clients where general counsel act as persuasive counselors? Silverstein: I would say that the "persuasive counselor" is the most common model for general counsel that I have observed for as long as I have been practicing law. Incidentally, it also is...
Read MoreDelaware Entities Favored In Structured Finance
Structured finance refers to the use of transaction and entity structure to facilitate outcomes not feasible for operating companies themselves, and includes legally isolating assets in a given transaction from the consequences of a future insolvency. It permits lenders to the entity, and...
Read MoreProtecting Acquisition Agreements From Rescission For Fraud In The Inducement
Commercial parties who undertake the arduous process of negotiating and documenting the sale of an important commercial asset typically wish to protect themselves from the possibility that the transaction may be rescinded by the buyer alleging a claim of fraud in the inducement. Recent decisions...
Read MoreEMPLOYEES GO CYBER: The Problem of Internet 'Blogging'
Disgruntled employees, like the public at large, are increasingly turning to Cyberspace as a way to vent their frustrations. Whether workplace dissatisfaction is real or perceived, online communication provides employees with a wide audience at little or no cost. Having a workplace blogging policy...
Read MoreMeeting Its Obligations As A Member Of The Community And Improving Services For Its Corporate Clients
Anatole France famously observed more than a century ago that "the law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread." In some respects, the disparate impact of an evenhanded law may be unavoidable, but lawyers, who...
Read MoreDelaware Law: Always Ahead Of The Curve
Editor: While at the same time you are a litigator, you have been involved in much merger activity in Delaware courts. Could you describe some of the most noteworthy transactions? McBride: We were actually involved in one of the first hostile takeover cases ever litigated in Delaware back in the...
Read MoreIn Re Armstrong World Industries: In Denying Confirmation, Third Circuit Re-Affirms Commonly Used Chapter 11 Tools
On December 29, 2005, the United States Court of Appeals for the Third Circuit rendered its decision in In re Armstrong World Industries, Inc. The issue considered by the Court of Appeals involved the appeal by Armstrong World Industries (" AWI ") of the decision of the United States District Court...
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