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Articles from Related Newsletters
Feds to Corporate America: ‘The Cops Are Coming’Business Crimes BulletinOn Jan. 19, the Department of Justice (DOJ) announced the arrest of 22 individuals as part of a "sting" operation aimed at uncovering violations of the Foreign Corrupt Practices Act (FCPA). As intended, the case got a great deal of publicity due to both the large number of individuals arrested and the manner in which the investigation was handled.
When Does a Nonemployee Spouse Have a Right to the Employee’s Retirement Accumulation?The Matrimonial StrategistIn the first part of this article, published in December, we outlined the statutory spousal protection provisions that apply to employee pension and profit-sharing plans governed by ERISA. The article herein concludes the discussion.
Market Value for Property Tax Purposes in a Recessionary MarketCommercial Leasing Law & StrategyA market value analysis for property tax purposes differs significantly from a market value analysis for other business purposes, such as financing or acquisitions. When deciding whether to file a property tax appeal and pursue the negotiation of a settlement and/or trial of your appeal, it is essential to understand this crucial difference in valuation methodology.
The Alvord Decision: Why Periodic Review of Insurance Policies Is a Must for FranchisorsLJN's Franchising Business & Law AlertFranchisors, like other businesses, should periodically review their insurance policies to make certain that they understand the scope of their existing coverage and to identify (and remedy) any significant gaps in that coverage.
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Headlines
Defending the Preference and Fraudulent Transfer Safe HarborAs shown in this article, some lower courts have inconsistently enforced the safe harbor provisions in the preference and fraudulent transfer context, generating costly litigation for the asserted cause of creditor recovery.
Substantial Contribution ClaimsWhere a creditor retains a professional to advance a particular position in a Chapter 11 case whose efforts result in the making of a substantial contribution to the case, such creditor can potentially get reimbursed for all of its out-of-pocket expenses, including for reasonable compensation for professional services rendered.
Second Circuit: 502(d) Does Not Apply to Administrative ClaimsIn ASM Capital, LP v. Ames Department Stores, Inc. the Second Circuit Court of Appeals (the "Second Circuit") held that § 502(d) of the Bankruptcy Code, which disallows claims until the claimant has returned all voidable preferential payments and other voidable transfers from the debtor's estate, does not apply to disallow administrative claims under 503(b).
March Issue in PDF Format
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