Features
The Impact of Assured Guaranty on Claims Against Sponsors
In <i>Assured Guaranty Ltd v. J.P. Morgan Investment Management Inc.</i>, a unanimous Court of Appeals held that the Martin Act, New York's "blue sky" law, does not pre-empt common law claims for breach of fiduciary and gross negligence.
Features
The Unique and Crucial Role of the Non-Party Physician
Physicians who have treated a plaintiff before ' during or after the treatment at issue ' often have a unique perspective that can be helpful at trial to the finder of fact. How can such physicians be identified, interviewed, and brought to the assistance of the litigants in their search for the truth?
Features
Debtors May Benefit from ' 363 Protections Post-Confirmation
Capmark's sale of its remaining Low-Income Housing Tax Credit Business is a recent example of the approval of a sale of assets under ' 363 of the Bankruptcy Code following the confirmation of a debtor's plan.
Features
De Facto Chapter 11 for the Unconsolidated 'Identity of Interest' Enterprise (Case Study)
Sometimes a lethal combination of a proceeding's cost and deleterious operational effect will result in forced liquidation rather than restructure. Such was the dilemma faced by economically troubled GGI in June 2010.
Features
The 'New' Willful Blindness Doctrine After Global-Tech
In <i>Global-Tech Appliances, Inc. v. SEB S.A.</i>, the Supreme Court expressly approved of the "willful blindness" tool for the first time. But in doing so, it framed the doctrine in a way that provided some much-needed limitations.
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- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›