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The new decision is significant because lawsuits against former (and current) officers and directors of debtors commonly are brought, as here, by trusts established under plans of reorganization. Because insurance policies often are the only viable source of recovery for the claims asserted in such lawsuits, this decision potentially opens a pathway to creditor recovery in other similar matters.
Columns & Departments
Former Owners Not Entitled to Surplus from Tax Foreclosure Sale Joint Tenants Need Not Own Equal Interests Fraud Action Not Premature Merely Because Truth of Representations Are the Subject of Pending Proceedings Transferee from Incapacitated Person's Attorney-In-Fact Not A Bona Fide Purchaser
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SEC Chairman Jay Clayton recently announced a change in how the SEC will consider requests for waivers of certain serious collateral consequences that would otherwise result from settlement of an SEC enforcement action. These collateral consequences, often referred to as "bad actor" or "bad boy" provisions, can vary greatly and may disqualify an entity from conducting certain business or utilizing certain means to offer securities.
Columns & Departments
Sixth Circuit Agrees Non-Party Interview Quotes Are Inadmissible Hearsay for Purpose of Establishing Direct Evidence of Copying in Infringement Case over Classic Rock Song "Gimme Some Lovin'" Transformative Use Defense Defeats Hard Rock Hamilton Persona Suit over Gears of War Character
Features
Part One of a Two-Part Article The California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect on Jan. 1, 2020. In the wake of the CCPA's passage, approximately 15 other states introduced their own CCPA-like privacy legislation, and similar proposals are being considered at the federal level. Part One of this article covers how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues.
Features
Further comment and analysis is warranted on the three-judge dissent, which, if adopted by the majority, would have fundamentally altered the very foundation of New York contract law.
Columns & Departments
Canadian Clean Fuel Technology Company and Former CEO Pay $4.1 Million to Settle China Related FCPA Case
Features
Faster, Shorter, Smarter, Better Among other trends, practitioners are increasingly using pre-packaged and pre-negotiated cases, drafting clearer and more concise pleadings, employing smarter deposit management practices, and harnessing improved technology — strategies for a new era of bankruptcy.
Columns & Departments
Mining Prohibition Not Pre-Empted By State Law and Not In Violation of SEQRA Dog Training Facility Not a Customary Home Occupation,br> Landowner Not Entitled to Variance When Hardship Is Not Unique to the Parcel ZBA Did Not Consider Statutory Variance Factors
Columns & Departments
Defense Based on Federal Law Cannot Confer Federal Jurisdiction
