Features
Assumption of Liabilities
What impact does a bankruptcy filing and a contract rejection have on a carefully drafted, thoroughly negotiated asset purchase agreement? A look at a recent ruling.
Features
The Application of Pollution Exclusions to Defective Drywall Claims
Considering similar facts and similar policy language, courts in two states have already reached opposing decisions on whether pollution exclusions in homeowners' policies bar coverage for defective drywall claims.
Features
Gift Plans: Death Knell or Still on Life Support?
This article focuses on whether an out-of-the-money unsecured creditor with an unliquidated claim has standing to object to a gift plan.
Features
Obstacles to Settlement of Land-Use Disputes
Article 78 proceedings between landowners and municipalities are a staple for New York's court system, often reaching the Appellate Division on disputes that seem insignificant to the outside observer.
Features
Ex-Parte Interviews
Continuing last month's discussion of the appellate decisions in two cases concerned with the propriety of <i>ex-parte</i> physician interviews in the context of medical malpractice litigations.
Features
Right of Publicity Roundup
CHOICE OF DOMICILE<br>SINGLE PUBLICATION RULE<br>TRANSFORMATIVE USE DEFENSE
Features
Tactics for Seizing Rogue Web Sites
In cyberspace, the activities of ostensible rogue Web sites ' many attacking U.S. commercial interests or preying on our citizens in a variety of endeavors ' include copyright infringement, illegal gambling and pornography, to name a few. Web site domain seizures may be the 21st-century digital equivalent of 20th-Century gang busting police raids on the haunts of criminal organizations. In place of the remnants of destroyed contraband, a subsequent visitor to these targeted Web sites may instead confront a message left by court order, declaring that the site has been "taken down" for certain illegal activities.
Features
Consideration of Potential Conflicts in <i>U.S. v. Clemens</i>
Snow is melting, seed catalogs are arriving, and eyes have turned to Spring Training. Some baseball fans are also turning their attention to the U.S. District Court for the District of Columbia to follow the recent developments in <i>U.S. v. Clemens.</i> The indictment charges player Clemens with six counts: three counts of making false statements to Congress, two counts of perjury and one count of obstruction of Congress.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Marketing Analytics: More Is Not Always BestIn the past few decades, law firms have made great strides in catching up with the rest of the corporate world and are reaping the benefits of all kinds of marketing. This acceptance by firm management is in great part due to an increased appreciation of analytics, made possible by digital marketing and social media.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.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 ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
