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Litigation

  • Over 17 months ago, Judge Shira Scheindlin sounded the clarion call once again ' organizations that fail to take reasonable steps in response to a preservation obligation do so at their peril.

    May 22, 2011Brad Harris and Charlotte Riser Harris
  • A recent ruling of interest.

    May 16, 2011ALM Staff | Law Journal Newsletters |
  • Recent cases highlight how dangerous experts can be when they report that their finding of business value is based on a "calculation."

    May 16, 2011Rob Schlegel and John Kotlarczyk
  • Almost every health care bankruptcy case involves Medicare or Medicaid payments in some form or fashion. Insolvency professionals should be aware of the many complications of Medicare and Medicaid payments and potential negative consequences in bankruptcy cases.

    May 14, 2011Andrew H. Sherman and Adam J. Glanzman
  • The Seventh Circuit recently affirmed a ruling that the purchaser of a claim based upon an executory contract that was ultimately rejected by a Chapter 11 DIP is not entitled to cure amounts as part of its allowed claim.

    May 14, 2011Scott J. Friedman and Mark G. Douglas
  • Secured lenders often consider an out-of-court foreclosure as a faster and more efficient alternative to a credit bid sale under Chapter 11. The Second Circuit Court of Appeals has nowthrown a monkey wrench into the foreclosure alternative.

    May 14, 2011Lawrence S. Goldberg and David M. Hillman
  • With plaintiffs filing numerous cases in the Garden State, it is easy to fall into the mindset that New Jersey is for plaintiffs. Do not get caught in that trap and become complacent, filing rote motions and litigating on autopilot.

    May 11, 2011James J. Ferrelli and Alyson B. Walker