"[T]he bankruptcy court did not abuse its discretion in denying [the debtor's former employees'] motion to compel arbitration" when the dispute turned on the relative priority of their claims, held the U.S. Court of Appeals for the Second Circuit on Oct. 6, 2016 in In re Lehman Bros. Holdings.
- January 01, 2017Michael L. Cook
A jury in the Southern District of Texas awarded over $92 million in damages to the United States in a case against mortgage lenders who fraudulently granted and underwrote loans insured by the Federal Housing Authority and then reaped massive payouts when those loans went into default.
January 01, 2017ljnstaffIn civil litigation, when retained or testifying experts err materially, causing a case or settlement loss, do they get some kind of immunity so that access to experts is not "chilled" by allowing experts to be sued frequently? The answer to this question is not so easy.
Part One of a Two-Part Article
January 01, 2017Michael HoenigContinuing the discussion of matrimonial client "conflict checks" — the exercise attorneys must go through with each new potential client, to make sure that the representation will not conflict with work the attorney is doing or has done for a current or former client.
Part Two of a Three-Part Article
January 01, 2017Matthew A. FeiginA look at a case in which stipulation of a settlement in a nonpayment proceeding estopped a landlord from collecting rent after the tenant surrendered possession.
January 01, 2017ljnstaffAgreement for Handing Sale of Ben E. King's Copyright Interests Ruled Invalid Due To Termination Notices Issue
Oregon Federal Court Makes It Difficult to Be Awarded Attorney Fees When Pursuing Peer-to-Peer File-Sharing DefendantsJanuary 01, 2017Stan SoocherIn Florida, suicide is no longer singled out as outside of a doctor's influence.
January 01, 2017ljnstaffGreater Clarity Needed
The new HVCRE rules require banks to assign a 150% risk weight to any HVCRE exposure (up from the 100% risk weight assigned under general risk-based capital rules) and cover all acquisition, development or construction (ADC) loans unless an exception applies.
January 01, 2017Mitchell L. Berg and Peter E. FischRecently, a Florida bankruptcy court permitted a Chapter 7 trustee to reach back 10 years to unwind a fraudulent transfer, a period of time well beyond the two years that practitioners generally expect.
January 01, 2017Aram Ordubegian and Sevan GorginianFederal Circuit: PTAB Used Overly Broad CBM Patent Standard
Federal Circuit: PTAB Patent Invalidation Vacated over Erroneous Invention Conception DateJanuary 01, 2017Jeff Ginsberg and Hui Li






