Features
Reasons to Reevaluate REAs
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
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
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
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
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
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?
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
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
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
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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