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Defending the Preference and Fraudulent Transfer Safe Harbor Image

Defending the Preference and Fraudulent Transfer Safe Harbor

Michael L. Cook

Last month, we discussed the fact that the The Bankruptcy Code ("Code") has at least nine so-called "safe harbor" (i.e., bankruptcy insulating) provisions for financial contracts. The article concludes herein.

Features

Proposed Revisions to Rule 2019 Image

Proposed Revisions to Rule 2019

Jon Kibbe & Michael Friedman

Bankruptcy Rule 2019, an often-ignored pivotal procedural rule in U.S. bankruptcies, has returned to the public eye. This reemergence stems from two recent decisions from the influential Bankruptcy Court for the District of Delaware as well as the controversial pending amendments to Rule 2019 proposed by the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States.

Features

Does Rule 2019 Apply to Ad Hoc or Informal Committees? Image

Does Rule 2019 Apply to Ad Hoc or Informal Committees?

Daniel J. DeFranceschi

The debate over whether ad hoc or informal committees or groups of creditors or interest holders ("ad hoc committees") must comply with Bankruptcy Rule 2019 recently intensified due to a split among several Bankruptcy Court decisions.

Features

Tips and Time Savers for Trial Preparation Image

Tips and Time Savers for Trial Preparation

Nancy J. Geenen & Suann Ingle

This article examines calendar and activity milestones during the three-to-four-month period before making an opening statement at trial.

Features

<b><i>ONLINE EXCLUSIVE:</i></b> Supreme Court Puts Internet Publisher Case Back in Play Image

<b><i>ONLINE EXCLUSIVE:</i></b> Supreme Court Puts Internet Publisher Case Back in Play

Marcia Coyle

An $18 million settlement of a copyright infringement suit between Internet publishers and freelance writers is back on track because of a U.S. Supreme Court ruling on March 2.

Features

The Battle of the Experts Image

The Battle of the Experts

John Ratkowitz

When complex medical issues are at stake in a trial, attorneys have to address not just the details of the science to allow the jury to engage in its search for truth.

Features

Trusts and Divorce Image

Trusts and Divorce

Martin M. Shenkman & Richard A. Oshins

The first part of this article addressed the Traditional Heir's Trust and Basic Insurance Trust. The conclusion herein discusses the Generation Skipping Trust (GST) Trust, Grantor Trust and Beneficiary Defective Trust.

Features

The 'New and Improved' FTC? Image

The 'New and Improved' FTC?

H. L. Silets

A broad survey of Federal Trade Commission ("FTC") actions and appointments throughout 2009 reveals priorities in enforcement efforts. For instance, the FTC initiated what some observers characterize as fundamental changes to its previous modus operandi ' changes that mark a more proactive approach on several fronts.

Features

e-Matchmaker.biz for e-Commerce Image

e-Matchmaker.biz for e-Commerce

Stanley P. Jaskiewicz

e-Commerce entrepreneurs need many skills to succeed. First, they must have the technical chops to build and run a superior site. Next, they must market that site to stand out among the many competitors in a crowded market. They must also know enough about business to do all the above profitably. And since no one person can do all of these things well, nearly all of these entrepreneurs must be able to evaluate and hire people with all these skills. That is, until the day comes to sell the business ' the Holy Grail of the dot-com boom. Then, a whole new set of skills is required.

Features

What Rights Does an Abandoning Tenant Have? Image

What Rights Does an Abandoning Tenant Have?

Stewart E. Sterk

Both commercial and residential tenants sometimes face the personal or economic need to leave leased premises before the expiration of the lease term. In times of economic recession, the problem is more serious ' both for landlords and for tenants ' than in boom times. What rights does a tenant have in this situation?

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