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Features
For over a decade now, the Bankruptcy Code has granted a priority of payment with regard to creditor claims for goods received by the debtor in the 20 days before bankruptcy. A creditor merely needs to demonstrate that the debtor "received" the goods within the prescribed pre-bankruptcy interval, and its claim attains priority as an administrative expense. Ah, but therein lies the rub.
Features
The DOJ continues to prioritize health care anti-fraud enforcement through the aggressive use of different statutes and investigative methods. Although the prosecutions and recoveries vary, between October 2016 and March 2017, "Strike Force" team efforts led to charges against 49 individuals or entities, 152 criminal actions, and more than $266.8 million in investigative receivables.
Columns & Departments
Discussion of a case in which a trial court sided with the property owner/defendant where the tenant sought to terminate the lease early, but could not because it was not in compliance with one of the requirements for early termination.
Columns & Departments
The U.S. Court of Appeals for the Second Circuit has upheld the summary judgment dismissal of the multidistrict lawsuit (MDL) against the maker of the intrauterine birth control device Mirena after finding that none of the experts proffered by the nearly 1,300 plaintiffs were reliable.
Features
<b><i>Scotus Review of Dodd-Frank to Change the Landscape</i></b><p>On June 26, 2017, the Supreme Court granted <i>certiorari</i> in <i>Digital Realty Trust Inc. v. Somers</i>, to review a U.S. Court of Appeals for the Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.
Columns & Departments
Two cases of great interest, including one about the legitimacy of an IVF child whose parents are married.
Columns & Departments
Analysis of two key cases, one involving asbestos, the other an intrauterine birth control device.
Columns & Departments
Florida Federal Court Confirms Denial of Song Administration Rights to Chic Co-Founder's Widow<br>Minnesota Right of Publicity Ruled Descendible in Prince Recordings Dispute<br>Original <i>Housewives</i> Producers' Fraud Claim Time-Barred, Though Contract Breach Claim Can Proceed<br>Ticketmaster.com Arbitration Clause Doesn't Apply to Potential Buyer on ticketexchangebyticketmaster.com
Features
The big news in the fantasy sports arena this past summer was the announcement that competitors FanDuel and DraftKings, which make up more than 90% of the online market, would end their merger bid following the Federal Trade Commission's filing of an antitrust lawsuit against the companies. Now, there's good news for FanDuel and DraftKings on a different front, involving the use of athletes' personality components.