South Dakota’s Approach To Condemnation

The use of eminent domain (condemnation) is a modern legal problem. Condemnation is the taking of property for a public and in some cases a private interest. Condemnation is a legally sanctioned sword. My argument in this article is not that eminent domain as a...

Workouts and Turnarounds before Bankruptcies – 2016

Current bankruptcies are not foreign to the oil patch when the inevitable economic cycles in oil and gas show bankruptcy numbers increasing in the Bakken. There have been two significant prior economic down-cycles in my career that have caused a spike in bankruptcy...

Is the Trump Option Available In SD For Condemnation?

Is the Trump Option Available In SD For Condemnation? Eminent domain is one of the toughest and most controversial legal powers available to a government, but the South Dakota legislature has so far failed to manage it properly. Eminent domain allows a governmental...

Bankruptcy in the Bakken

Bankruptcy in the Bakken Oil and gas production is a result of two basic factors: economics and technology. Economics means the costs of production and distribution. The price of oil is an essential element of the economics of production. One economic risk is...

Equipment Lease Legal Rights VS Security Interest Claims

State of New York Supreme Court, Appellate Division Third Judicial Department 95778 ________________________________ CIT TECHNOLOGY FINANCING SERVICES, INC., Formerly Known as NEWCOURT LEASING CORPORATION, Respondent, v TRICYCLE ENTERPRISES, INC.,          MEMORANDUM...