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April, 2013 Articles

Taxation and Trusts & Estates The “Death Knell” for Family Discounts?

Executive Summary The Obama Administration released its proposed budget for fiscal year 2014 on April 10, which included several proposals affecting estate planning. These are described in the Treasury Department’s General Explanations of the Administration’s Fiscal Year 2014 Revenue Proposals (commonly referred to as “the Greenbook”). Noticeable by its absence was the perennial proposal to […]

Land Use The Recorder: Reviving an Old Project

Neill Brower’s article, “Reviving an Old Project,” was published in The Recorder. The article discusses key items to address when restarting dormant development projects.

Cybersecurity and Privacy Group Cyber Security: The long arm of the law gets a little longer

Multinational companies often face challenges in enforcing claims against their employees and agents located in foreign jurisdictions. In December 2012, a federal appeals court decision — MacDermid, Inc. v. Deiter, No. 11-5388-cv (2nd Cir. Dec. 26, 2012) — made enforcement a bit easier when a company goes after employees who commit cyber theft beyond U.S. […]

Bankruptcy Can a Plan of Reorganization Separately Classify a Claim That Is Personally Guaranteed?

Recently, we’ve been seeing debtors try to confirm cram down plans of reorganization that are unfavorable to the secured creditor by “gerrymandering” the class of unsecured claims. The typical situation finds the secured creditor holding an undersecured loan. Under Section 506(a) of the Bankruptcy Code, the secured creditor’s claim is automatically bifurcated into a secured […]