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Index

ALM Staff & Law Journal Newsletters

A guide to the contents of this issue.

Features

Equal Distribution Image

Equal Distribution

Elliott Scheinberg

In last month's issue, we discussed a decision in in which a Supreme Court judge in Manhattan dismissed a divorced man's suit to recover from his ex-wife half of what he lost by taking investments in Bernard Madoff's Ponzi scheme in their divorce settlement. The discussion concludes herein.

Features

Seller Beware: Delivery of Goods Post-Petition May Cost You Image

Seller Beware: Delivery of Goods Post-Petition May Cost You

Ann Marie Uetz & Jennifer Hayes

The Eleventh Circuit case <i>In re Delco Oil, Inc. (Marathon Petroleum Co., LLC v. Cohen)</i>, serves as an important reminder for suppliers to monitor a customer's bankruptcy filing and to confirm the rules for doing business before delivering goods to a debtor.

Features

'Probable Experience' in Business Interruption Claims Image

'Probable Experience' in Business Interruption Claims

Catherine A. Mondell & Seth C. Harrington

The U.S. Court of Appeals for the Fifth Circuit recently weighed in on the proper measurement of business interruption claims, particularly those following a catastrophic event that affects an entire region or industry.

Features

The Gulf Oil Spill: Considerations for Insurers Image

The Gulf Oil Spill: Considerations for Insurers

Laura A. Foggan & Benjamin Theisman

A large number of lawsuits already have been filed against the entities associated with the Deepwater Horizon Oil Rig, many of which raise interesting coverage issues, particularly with respect to specialty environmental coverages and first-party business interruption and damage claims. Even more significant insurance exposures may be posed in the future, however, as new parties are joined to the litigation and general liability policies are tested in response to third-party claims for bodily injury and property damage.

Features

Who Is 'Any Person'Anyway? Image

Who Is 'Any Person'Anyway?

William Wright & Trhesa Barksdale Patterson

The federal government prohibits "any person" from intercepting oral, wire or electronic communications. Federal Wiretapping Act, 18 U.S.C. ' 2511(1). Though "any person" sounds universal enough, the definition of "any person" is complicated by exceptions created by federal circuit courts.

Features

Satisfying Fiduciary Duty Under ERISA Image

Satisfying Fiduciary Duty Under ERISA

David Tabak

The Department of Labor (DOL) has issued guidance covering situations in which a pension plan, by virtue of its holdings of its employer's stock, is a potential claimant in a securities fraud suit.

Features

Are Interns Employees? Image

Are Interns Employees?

Matthew Nelson

If a would-be intern or trainee is actually an employee by another name, an employment relationship exists, and the intern or trainee is entitled to all the benefits and protections of federal law. These include the rights to minimum wage, overtime, and a discrimination-free workplace.

Features

Applying the ACC Value Index to e-Discovery Providers Image

Applying the ACC Value Index to e-Discovery Providers

Mary Mack

Understanding how providers address the rating categories of the ACC Value Index as part of their everyday services and practices will make it much easier to assess the value received ' and should result in a much more predictable, cost-effective approach for managing the process.

Features

Using Ground Leases in a Difficult Economy Image

Using Ground Leases in a Difficult Economy

Steven Simkin & Barry Langman

Particularly given the dramatic shifts in the real estate market in recent years, and the unpredictability of interest rates, inflation, taxes and other economic factors going forward, greater attention is being focused on ground leases. Here's why.

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