Buyers and servicers of “stale,” or time-barred, debt have been watching the bankruptcy and appellate courts closely of late, as court after court has ruled on whether a key component of their recovery strategy — seeking payment related to such time-barred debts by filing proofs of claim in bankruptcy — violates the Fair Debt Collections Practices Act (FDCPA).
In Matter of Avella v. City of New York, the Court of Appeals enjoined development of a retail mall on what is now Citi Field's parking lot, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York.
A recent case dealt with an unusual question presented to a bankruptcy court by a debtor's medical device product liability claim: If, at the time of bankruptcy filing, the debtor has a potential civil claim that lacks some of the elements necessary for recovery (which elements may never develop), yet later receives settlement, are the proceeds of that settlement part of the bankruptcy estate?
A Texas company has accused Snap Inc. of infringing four patents with systems that allow Snapchat users to scan "Snapcodes" and add friends on the popular social networking app.
Discussion and analysis of a case involving enclosing a balcony.
A recent decision by the Delaware Court of Chancery serves as a reminder that boards of directors of Delaware corporations should consider amending their companies' director compensation plans to include specific limits on the amount of compensation that a director may be awarded in a given year, and obtaining stockholder approval of such compensation plans.
Part Two of a Three-Part Article
Like baseball batters in a lineup, the home run potential of any given Daubert motion varies greatly. Players without a good eye for the fast ball usually do not make it to the big leagues; lawyers without the skill set to deconstruct and demonstrate the methodological flaws in a disclosure of opinion testimony may get to play in the big leagues, but they have terrible batting averages.
A court recently declined to order a new trial in a medical malpractice case in which defense counsel made an erroneous statement concerning the burden of proof, after finding that the plaintiff failed to show prejudice.
There are a few early signs that the Trump administration will continue to hold companies to the “way of compliance.” But after the first five months of his presidency, there are still questions about where enforcement is heading in specific compliance areas.
