Litigation

Columns & Departments

A look at several rulings.

Features

What a recent Supreme Court decision does is to effectively immunize pharmaceutical generics manufacturers from state tort liability when they use FDA-approved labels for their products deemed equivalent to brand-name FDA-approved drugs.

Columns & Departments

In-depth analysis of a key ruling.

Columns & Departments

Discussion of two key rulings.

Columns & Departments

Copyright Infringement/Contempt Motion Denied<br>Venue Competition/Expert Witnesses

Features

The FASB and IASB issued the second Exposure Draft ("ED") of the proposed new leasing rules on May 16, 2013 with a deadline for comments of Sept. 13, 2013. The ED is an improvement over the 2010 ED in that it is closer to current GAAP in areas such as the definition of the lease term and lease payments.

Features

Finance Companies' Rights to Collect <br>True Lease vs. Security Interest: In General<br>Lessors' Damages: Measures and Entitlement<br>Vendor Issues<br>End-of-Term Lease Provisions<br>Forum Selection, Jurisdiction and Choice of Law<br>Assignments of Leases

Features

Courts frequently wrestle with how to apply post-petition payments for rental proceeds deriving from lenders' pre-petition collateral. The issue arises principally in single asset real estate cases, because generally post-petition proceeds of the debtor are the rents attributable to the lender's collateral.