Features
When Bankruptcy And Equity Collide
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
Separation and General Releases
This article highlights key issues to consider when preparing employee separation agreements.
Features
Appreciation in Separately Owned Home Values
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
Recording Mortgage Fraud
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
Litigation
Recent rulings of interest to you and your practice.
Features
Debt Forgiveness: Watch Out for the Tax Consequences
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
Curbing Internet Defamation
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
Preemption Beyond Drugs and Medical Devices
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.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›