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Practice Pointers for Working with Expert Witnesses in Bankruptcy Court
Litigators are called upon to participate in bankruptcy proceedings in a variety of ways, including frequently to prepare for and conduct hearings. As in any court, such hearings provide parties the opportunity to introduce evidence, including expert testimony, to enable the court to resolve issues of fact.
While similar in many respects to any other litigation, there are some important nuances of bankruptcy court practice to be mindful of, especially when working with expert witnesses. A few factors that may distinguish bankruptcy court litigation are:
- The lack of juries ' bankruptcy judges are the sole fact-finder, and tend to possess a great deal of experience and sophistication, particularly regarding complex commercial and financial matters;
- The speed of bankruptcy proceedings relative to disputes in many other courts; and
- The fact that the customary federal privilege protections afforded to expert witness communications and work product may not always be available in bankruptcy court.
This article provides some examples of how expert witnesses are used in bankruptcy court, and an overview of some issues that practitioners should be mindful of when working with experts in bankruptcy court.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.