Features
Charles M. Oellermann
&
Mark G. Douglas
In <i>Ades and Berg Group Investors v. Breeden</i> (<i>In re Ades and Berg Group Investors</i>), the court of appeals affirmed a decision below refusing to impose a constructive trust on proceeds from a settlement of reinsurance claims that were paid to a Chapter 11 debtor. According to the Second Circuit, "retention by the bankruptcy estate of assets that, absent bankruptcy, would go to a particular creditor is not inherently unjust."
Features
Anne Ciesla Bancroft
This article highlights key issues to consider when preparing employee separation agreements.
Features
Marcy L. Wachtel
&
Lori K. Meyer
With the dual objective of creating certainty and enhancing the possibilities for settlement, the authors set forth herein a formulaic approach to the division and distribution of the appreciation in value of a separately owned residence (SOR).
Features
ALM Staff
&
Law Journal Newsletters
Analysis of recent rulings.
Features
ALM Staff
&
Law Journal Newsletters
A look at recent rulings of importance.
Features
Marvin Bagwell
Mortgage fraud, which usually starts with a forged deed or a deed obtained by fraudulent means, is a burgeoning national problem. The title industry has good reason to complain and is definitely receptive to any efforts that reduce fraud in the real estate marketplace. The devil, however, is in the details.
Features
ALM Staff
&
Law Journal Newsletters
Recent rulings of interest to you and your practice.
Features
Laurence J. Cutler
&
Erin D. DeGeorge
When drafting a property settlement agreement that involves debt forgiveness (<i>i.e.</i>, foreclosure, short sale, reduction in credit card debt), it is critical that matrimonial attorneys be aware of the tax consequences because the financial impact on a client can be enormous.
Features
Jonathan Bick
An identifiable Internet speaker who sends an unlawful e-mail or posts an unlawful Internet message is subject to traditional litigation tactics. However, countless Internet speakers are not effortlessly identifiable. Hence, novel technical, administrative law and litigation tactics are advantageous for successfully curbing Internet defamation.
Features
Daniel J. Herling
Although the issue of Federal Preemption has grabbed the headlines in medical device and pharmaceutical cases, those analyzing preemption's impact on plaintiff's failure-to-warn claims on other types of products that are subject to federal regulation are significant for their varied results.
