Features
Getting It Back: Recovering Transfers That Create Insolvency
Over the past few years, several companies have run out of money and been forced to declare bankruptcy within months of completing transactions that depleted their equity value and rendered them insolvent. By understanding the test for determining whether such transactions can be unwound, lenders, recipients and creditors all benefit.
Features
Is Your 401(k) Up to the Task?
A good 401(k) can be a great ally as you prepare for retirement; a lousy plan, on the other hand, could erode your ability to build for a decent and secure retirement. Now is a very good time to make sure your 401(k) plan is up to the challenge.
Features
Retiree Health Care Issues After the Affordable Care Act
Following implementation of the Patient Protection and Affordable Care Act, the funding and providing of promised retiree health benefits has a new series of requirements that must be met by Taft-Hartley retirement plans, employers and plan sponsors.
Features
20/20 Vision for All Lawyers' Future: The Ethical Duty to Stay Technically Competent
How many practicing lawyers today (at least those over the age of 40) studied metadata and data security in law school? How many today can discuss the ethical aspects of those issues? Those skills, and more, are required to practice law, according to resolutions passed in early August by the ABA House of Delegates.
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Court Watch
Highlights of the latest franchising cases from around the country.
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D&O Insurance Issues in Bankruptcy
In a D&O policy, the definition of "Claim" can significantly affect the scope of coverage. Disputes can arise when the insured, whether voluntarily or involuntarily, files for bankruptcy or becomes insolvent.
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Hospital Captives
Is the commercial marketplace is a suitable arena to obtain insurance coverage, or are there tipping points that drive business away from these markets and into the hospital captives?
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The Community Income Reporting Rule
How to achieve equitable relief under I.R.C. ' 66(c).
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Enforcement Remedies to Combat Default
Unfortunately, the role of attorneys does not end with the entry of a divorce judgment. They are frequently faced with client requests to enforce their rights to receive the assets and/or support awarded in the judgment.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›