Commercial Law

  • Bail for White-Collar Defendants

    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.

    July 28, 2009Jefferson M. Gray

  • Secured Lenders' Right to Full Payment

    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. In re United Air Lines, Inc.

    July 28, 2009Michael L. Cook

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

    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.

    July 28, 2009Adam L. Rosen and Anthony Michael Sabino

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

    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

  • Recent Amendments to New York State Law

    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. Donovan

  • FTC Signals Tougher Standard For Online Tracking Disclosures

    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.

    July 24, 2009Charles Kennedy

  • Bit Parts

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

    July 23, 2009Stan Soocher

  • Counsel Concerns

    Malpractice Suit over Sound Recordings Is Reinstated
    Counsel Withdrawal Motion Granted

    July 23, 2009Stan Soocher

  • New Lawyers for MTV in Dispute with Pearlman

    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.

    July 23, 2009Brian Baxter

  • Appeal Arguments In Internet-Gaming Statute Challenge

    In 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. Duffy