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Reasons to Reevaluate REAs Image

Reasons to Reevaluate REAs

Sheldon A. Halpern

This article raises the issue of whether it is now appropriate to reevaluate some of the primary provisions ' both business and legal 'of REAs.

Features

Understanding GAAP Image

Understanding GAAP

Joan Rood & Laura Kinney

So many contracts contain the phrase "in accordance with generally accepted accounting principles," but do lawyers really understand what this phrase means or how it may affect a client in any given contract?

Features

Constructive Termination and Constructive Nonrenewal Claims Image

Constructive Termination and Constructive Nonrenewal Claims

Craig R. Tractenberg

On March 2, 2010, the U.S. Supreme Court unanimously held that a franchisee that stays in business cannot sue for constructive eviction under the Petroleum Marketing Practices Act. The Court also decided that a franchisee waives its constructive nonrenewal claim when it enters into a renewal agreement.

Features

Minimizing Penalties for Unreported Foreign Bank Accounts Image

Minimizing Penalties for Unreported Foreign Bank Accounts

Bryan C. Skarlatos & Michael Sardar

Taxpayers with unreported foreign bank accounts are sweating bullets these days. The IRS is in the midst of an unprecedented crackdown on foreign bank accounts.

Features

Defending the Preference and Fraudulent Transfer Safe Harbor Image

Defending the Preference and Fraudulent Transfer Safe Harbor

Michael L. Cook

Last month, we discussed the fact that the The Bankruptcy Code ("Code") has at least nine so-called "safe harbor" (i.e., bankruptcy insulating) provisions for financial contracts. The article concludes herein.

Features

Proposed Revisions to Rule 2019 Image

Proposed Revisions to Rule 2019

Jon Kibbe & Michael Friedman

Bankruptcy Rule 2019, an often-ignored pivotal procedural rule in U.S. bankruptcies, has returned to the public eye. This reemergence stems from two recent decisions from the influential Bankruptcy Court for the District of Delaware as well as the controversial pending amendments to Rule 2019 proposed by the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States.

Features

Does Rule 2019 Apply to Ad Hoc or Informal Committees? Image

Does Rule 2019 Apply to Ad Hoc or Informal Committees?

Daniel J. DeFranceschi

The debate over whether ad hoc or informal committees or groups of creditors or interest holders ("ad hoc committees") must comply with Bankruptcy Rule 2019 recently intensified due to a split among several Bankruptcy Court decisions.

Features

Tips and Time Savers for Trial Preparation Image

Tips and Time Savers for Trial Preparation

Nancy J. Geenen & Suann Ingle

This article examines calendar and activity milestones during the three-to-four-month period before making an opening statement at trial.

Features

<b><i>ONLINE EXCLUSIVE:</i></b> Supreme Court Puts Internet Publisher Case Back in Play Image

<b><i>ONLINE EXCLUSIVE:</i></b> Supreme Court Puts Internet Publisher Case Back in Play

Marcia Coyle

An $18 million settlement of a copyright infringement suit between Internet publishers and freelance writers is back on track because of a U.S. Supreme Court ruling on March 2.

Features

The Battle of the Experts Image

The Battle of the Experts

John Ratkowitz

When complex medical issues are at stake in a trial, attorneys have to address not just the details of the science to allow the jury to engage in its search for truth.

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