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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.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.