Prejudgment interest (PJI)
Prejudgment Interest: Challenges and Solutions

While the prejudgment interest regime varies from jurisdiction to jurisdiction, all regimes have one thing in common — the rates are remarkably low. In this article, I outline some ways in which to argue for the supplanting of the regulated rates with something that is more reflective of commercial reality.…
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Damages Expert
Practical Advice on Working With a Damages Expert

In commercial civil disputes, it is common to call upon a damages expert to quantify damages or to value business enterprises that are alleged to have suffered following some failure on the part of a defendant.  Interfacing with expert witnesses - giving them instructions, providing to them evidence - can…
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implications of insolvency
Five Implications of Insolvency

Having examined, in a prior post, the tests that might be applied to establish insolvency, I now examine more closely the implications of insolvency—basically, why do we care? Insolvency and the Application of the BIA and CCAA The primary tools used to restructure or liquidate insolvent businesses for the benefit…
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Assessing Insolvency
Is It Insolvent? How Do We Tell?

Following most large insolvency filings, there are questions about when insolvency first struck and what stakeholders (lenders, employees, pension plans, and others) can do to maximize recoveries.  Establishing solvency or insolvency, and determining the moment when it first occurred, is important for a number of reasons.  For instance: Contracts commonly…
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