March 31, 2007

What I don't always enjoy about being a corporate litigator

Well, it is Saturday morning and here I am at my desk. Taking a quick second between emails with a client. He retained us (me) yesterday after receiving a notice from his lender that things were not going well with his $100 million loan. He (my client) also signed, I am so sorry to say, a personal guaranty on that $100 million loan. The collateral securing the loan may be, shall we say, impaired in terms of value. I don't want to say that the loan is upside down. Yet. But I spent the entire day yesterday plowing through several 100 plus page loan agreements. There is nothing more byzantine, and deliberately so, than a commercial loan agreement. Also, probably, nothing as restrictive and cumbersome and burdensome and odious. Scary stuff, really.

I printed out all of the documents (as far as I know) associated with the loan transaction. They have covered the surface of a conference table that can seat about 18 people.

I am alone in the office today trying to determine, under some pressure, what wiggle room my client has, if any.

Yup, days like this, when I have a client with a huge problem, a conference room table full of 100 plus page documents, a headache, and I cannot find an out for him, are days I dislike my job. I would be happier if I could find just a little out. A teeny little mistake made by the drafter of the loan documents. It don't look good. For him or for me today.

Hasta.

Posted by: Random Penseur at 09:26 AM | Comments (5) | Add Comment
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March 15, 2007

Copies are being made

and the briefs, notices of motion, affirmations in support, volumes of exhibits, and the request for judicial intervention are all then going to be bound. The briefs (not very brief) total over 70 pages. This project has consumed my professional life for over a month. That's what happens when you come into a 20 year piece of litigation completely cold on the facts and the prior proceedings and those prior proceedings include at least two appellate decisions.

I think that the papers are pretty good. I think that some of the arguments are going to give the other side fits.

But here's the thing. I have been running so hard and so long on adrenalin that I feel drained and let down now that the papers are ready to be served. Anyone else get like that at the end of an intense project?

Posted by: Random Penseur at 11:09 AM | Comments (3) | Add Comment
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