
Cover Story
The analysis of industry ordinary course in bankruptcy preference matters can be significantly improved with information that can be gathered through discovery from both the debtor and creditor on their actual payment practices during the preference period.
FEATURED ARTICLES
Increasing pressure by carmakers to diminish warranty costs has resulted in new terms and conditions and warranty cost allocation programs for suppliers. This article provides a framework for suppliers to analyze the commercial and legal issues involved, as well as resolve warranty allocation disputes.
Establishing a market-based cramdown rate in a Chapter 11 matter is a more complex undertaking than simply applying somewhat qualitative adjustments to the prime rate as suggested by the Till Method. This article explains that while the Till Method may be a useful framework to consider, especially in the absence of market-based empirical data, the inherent characteristics of the method may make its application in a Chapter 11 matter problematic.
Since the discovery phase of litigation is an expensive component, it is important to perform these tasks as cost-effectively as possible. By clearly outlining the E-Discovery process, identifying the benefits, and warning of the potential pitfalls, clients will be more likely to understand the costs surrounding the handling of ESI and why defensible methodologies need to be followed.
