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Who's Your Client? Image

Who's Your Client?

Thomas E. Spahn

A federal judge recently concluded in a widely reported option backdating case that the California law firm Irell & Manella had "compromised ' important principles" involving the "fair administration of justice."

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Bail for White-Collar Defendants Image

Bail for White-Collar Defendants

Jefferson M. Gray

The Madoff detention litigation has revived longstanding questions about whether pretrial detention can ever be based solely on economic dangerousness. This article discusses the issue in depth.

Features

Secured Lenders' Right to Full Payment Image

Secured Lenders' Right to Full Payment

Michael L. Cook

The U.S. Court of Appeals for the Seventh Circuit held on May 5, 2009, that two secured lenders were fully secured, "entitled to a full recovery" from the debtor despite the bankruptcy court's improper valuation of the collateral (improved airport terminal space) securing the lenders' underlying $60 million loan. <i>In re United Air Lines, Inc.</i>

Features

Section 503(B)(9) Four Years Later Image

Section 503(B)(9) Four Years Later

Adam L. Rosen & Anthony Michael Sabino

In 2005, Congress added Code ' 503(b)(9) and created a new administrative claim which, in effect, creates a class of "critical" pre-petition creditors that debtors can pay without court authority. The creditors in this entitled class did nothing more than deliver goods to the debtor within 20 days prior to the petition date. Interestingly, the section provides no similar relief to providers of services or any class of lender.

Features

The Life and Times of the Non-Absolute Priority Rule Image

The Life and Times of the Non-Absolute Priority Rule

Michael J. Sage & Steven B. Smith

The absolute priority rule is supposed to provide some measure of order and certainty in the world of Chapter 11. But bankruptcy practitioners know that the mere inclusion of the word "absolute" in the rule's name does not make it so.

Features

Recent Amendments to New York State Law Image

Recent Amendments to New York State Law

John D. Shyer & Amy S. Donovan

On Feb. 1, 2009, amendments to certain provisions of New York law went into effect that will have a profound effect on the manner in which New York employers review job applications, especially from applicants who have a record of criminal offenses.

Features

FTC Signals Tougher Standard For Online Tracking Disclosures Image

FTC Signals Tougher Standard For Online Tracking Disclosures

Charles Kennedy

On June 4, the FTC announced a proposed consent agreement with Sears Holdings Management Corporation. The government makes note that the settlement is not final and does not include any finding of wrongdoing by SHMC, but that the working settlement sends a strong signal that the FTC will subject online tracking of consumer behavior to a stringent standard of disclosure.

Features

Bit Parts Image

Bit Parts

Stan Soocher

Copyright Infringement/Parody Defense<br>Film Production Insurance/Green-Light Endorsement<br>Right of Publicity/Newsworthiness Defense

Features

Counsel Concerns Image

Counsel Concerns

Stan Soocher

Malpractice Suit over Sound Recordings Is Reinstated<br>Counsel Withdrawal Motion Granted

Features

New Lawyers for MTV in Dispute with Pearlman Image

New Lawyers for MTV in Dispute with Pearlman

Brian Baxter

The tangled bankruptcy mess created by former boy band impresario Lou Pearlman, currently in prison after admitting he ran a $300 million Ponzi scheme, has left a trail of out-of-pocket investors looking to recoup their losses.

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