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Features
This article focuses on the concept of "unreasonably small capital," which is not defined in the Bankruptcy Code or applicable state statutes. Consequently, the determination of adequate capital is fact-intensive and fertile grounds for litigation.
Columns & Departments
A look at a recent case in which the United States Supreme Court ruled to narrow the scope of criminal asset forfeiture.
Features
<b><I>Part Three of a Three-Part Article</I></b><p>Last month, the author described two of his six tips for achieving success with <I>Daubert</I> motions. Here, he concludes by offering four more.
Features
The cloud might seem like “someone else's servers,” but major vendors are sensitive to the business need for security, availability and confidentiality. With sensitive, high-value data like that, cloud providers are keenly aware they need to get security right.
Features
The Third Circuit has adopted McCarthy's "ownership" test in determining whether a manufacturer or distributor owns a trademark in the absence of an express agreement between the parties.
Features
General Motors LLC — the New GM — is subject to a multitude of lawsuits stemming from its alleged wrongdoings and the alleged wrongdoings of its predecessor, General Motors Corp. — the Old GM. This article presents an in-depth analysis of the litigation.
Columns & Departments
Discuss of a case in which assignee wrongdoing might justify piercing the corporate veil.
Features
Third-party litigation funding is a relatively new, but rapidly expanding litigation financing vehicle. General counsel and commercial litigators would be well served to understand the changing landscape regarding the scope and potential uses of such funding.
