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.
- July 28, 2009Michael J. Sage and Steven B. Smith
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.
July 28, 2009John D. Shyer and Amy S. DonovanOn 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.
July 24, 2009Charles KennedyCopyright Infringement/Parody Defense
Film Production Insurance/Green-Light Endorsement
Right of Publicity/Newsworthiness DefenseJuly 23, 2009Stan SoocherMalpractice Suit over Sound Recordings Is Reinstated
Counsel Withdrawal Motion GrantedJuly 23, 2009Stan SoocherThe 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.
July 23, 2009Brian BaxterIn the high-stakes court battle over the constitutionality of a federal law that bans all Internet gambling transactions that would be illegal in the gambler's state, a trio of federal appeals judges in Philadelphia appeared unlikely to strike the law down.
July 23, 2009Shannon P. DuffyThe U.S. Supreme Court declined to hear the copyright infringement case brought by television networks and Hollywood studios against Cablevision over technology that allows viewers to record TV shows.
July 23, 2009Zusha ElinsonThe U.S. Court of Appeals for the Third Circuit upheld a finding of contempt against associates, family employees and corporate successors-in-interest of music promoter Larry Marshak over use of the name of The Drifters vocal group. But the appeals court strengthened remedies that plaintiff Faye Treadwell, widow of former Drifters manager George Treadwell, had been awarded by the district court in the contempt proceeding.
July 23, 2009Stan SoocherUnless one is aware of the potential pitfalls, even so-called "iron-clad" indemnification clauses or insurance provisions in a franchise agreement can be all for naught. This article discusses the interplay between insurance, indemnification, and the default common-law rules, so that franchisors and franchisees can avoid those dangerous pitfalls.
June 30, 2009Andrew S. Wein

