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Split Ninth Circuit Requires Default Interest To Cure Default
A Chapter 11 debtor "cannot nullify a preexisting obligation in a loan agreement to pay post-default interest solely by proposing a cure," held a split panel of the U.S. Court of Appeals for the Ninth Circuit on Nov. 4, 2016.
Features

The Battle over the Scope of Rule 17(c) Subpoenas<br><font size="-1"><b><i>Part One of a Two-Part Article</b></i></font>
White-collar prosecutions often turn on the paper trail. But the playing field is not level — not even close.
Features

Off-Label Promotion and Product Liability Considerations
An update on the current regulatory landscape in the off-label promotional area and also review potential liability risks for companies to consider, and recommendations to reduce these risks.
Features

Post-Confirmation Jurisdictional Shrinkage
Although Congress has not expressly addressed when and under what circumstances bankruptcy jurisdiction ends, most courts agree that a bankruptcy court's jurisdiction "shrinks" after confirmation of a plan. This article discusses the factors that courts take into consideration in determining the extent of the post-confirmation jurisdictional shrinkage.
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<i>Forest Capital</i><br><i><font size="-1">Is It a Case of UCC Article 8 Versus 9?</i></font>
Institutions that maintain and manage securities accounts for businesses and other customers perform a critical function for the securities and lending…
Columns & Departments
In the Courts
Analysis of the Supreme Court's recent ruling on the tipping law, clarifying previously conflicting circuit-level precedent setting forth the “personal benefit” test related to insider trading.
Features

Will the CT Supreme Court Reinvent Design Defect Law?<br><font size="-1"><b><i>Part One of a Two-Part Article</b></i></font>
Despite the long-standing principle in Connecticut that product liability law is premised on strict liability, the state's Supreme Court is now considering whether it should abandon its strict product liability premise for design defect claims, and replace it with section 2(b) of the Restatement (Third) of Torts.
Features

Richest Firms Pulled Ahead in 2016 as Some Regions Struggled
The top performing law firms continued to pull away from the rest of the Am Law 200 last year, according to a report released on January 23 by Wells Fargo Private Bank's Legal Specialty Group. Meanwhile certain regions, including the mid-Atlantic states, struggled to achieve even modest revenue growth.
Features

Eminent Domain: Establishing the Highest and Best Use
When a building or lot is taken through eminent domain, the value of the property often becomes a matter of dispute between the government and the owner. What if the property had the potential to become more developed?
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