The Ninth Circuit recently reversed a district court's adverse $6.7 million fraudulent transfer judgment against a corporate insider, a director of the debtor, in a remarkably sensible opinion.
March 22, 2011Michael L. Cook
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.
March 22, 2011Patrick J. Leddy, Charles M. Oellermann and Joseph M. WitalecConsidering 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.
March 22, 2011Alicia RitterThis article focuses on whether an out-of-the-money unsecured creditor with an unliquidated claim has standing to object to a gift plan.
March 22, 2011Gift Plans: Death Knell or Still on Life Support?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.
February 28, 2011Stewart E. SterkContinuing last month's discussion of the appellate decisions in two cases concerned with the propriety of ex-parte physician interviews in the context of medical malpractice litigations.
February 28, 2011James R. Moncus IIICHOICE OF DOMICILE
SINGLE PUBLICATION RULE
TRANSFORMATIVE USE DEFENSEFebruary 28, 2011Stan SoocherIn 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.
February 28, 2011Peter A. Crusco