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.
- August 01, 2017David M. Hillman and Parker J. Milender
A look at a recent case in which the United States Supreme Court ruled to narrow the scope of criminal asset forfeiture.
August 01, 2017ljnstaffPart Three of a Three-Part Article
Last month, the author described two of his six tips for achieving success with Daubert motions. Here, he concludes by offering four more.
August 01, 2017John L. TateThe 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.
August 01, 2017Perry Marchant and Bill LedererThe 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.
August 01, 2017Kyle-Beth HilferGeneral 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.
August 01, 2017Corinne BallDiscuss of a case in which assignee wrongdoing might justify piercing the corporate veil.
August 01, 2017ljnstaffThird-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.
August 01, 2017Jonathan Friedland, Elizabeth Vandesteeg and Jeffrey Goldberg







