Features
The Fork in the Road: The SEC and Preemption
<b><I>Part One of a Two-Part Article</I></b><p>With the preemption issue pretty well teed up, what do the courts say (to date)? A look at one recent ruling.
Features
<b><I>Lyondell Chemical</I></b>: A Long and Winding Roadmap for Creditors in Leveraged Transaction Cases
In July 2009, the LyondellBasell Litigation Trustee commenced litigation arising out of the merger of Lyondell and Basell, seeking the recovery of billions of dollars for the benefit of unsecured creditors. And, as Bankruptcy Judge Martin Glenn observed, the Trustee "threw the kitchen sink" at the defendants. Eight years of litigation and two bankruptcy judges later, we have a decision.
Features
Jury Verdict in Allman Film Fatality Trial To Be Appealed
CSX Railroad says it will appeal a Savannah, GA, jury verdict of $11.2 million rendered after a six-day trial stemming from the fatal train accident on the set of the film Midnight Rider of which CSX Railroad is required to pay $3.9 million according to the jury's apportionment.
Features
Court Holds That Deposits Would Be Hypothetical
In a recent ruling, the Ninth Circuit held that bankruptcy courts may permissibly engage in "hypotheticals within hypotheticals" so long as the inquiry is factually warranted and is supported by appropriate evidence, and provided further that the hypothetical action would not contravene any other provision of the Bankruptcy Code.
Features
Bankruptcy Litigation Update: Determining Adequate Capital
This article focuses on the concept of "unreasonably small capital," which is not defined in the Bankruptcy Code or applicable state statutes. Consequently, the determination of adequate capital is fact-intensive and fertile grounds for litigation.
Columns & Departments
In the Courts
A look at a recent case in which the United States Supreme Court ruled to narrow the scope of criminal asset forfeiture.
Features
Do <b><I>Daubert</I></b> Motions Really Work?
<b><I>Part Three of a Three-Part Article</I></b><p>Last month, the author described two of his six tips for achieving success with <I>Daubert</I> motions. Here, he concludes by offering four more.
Features
<b><i>Legal Tech</b></i><br> Taking e-Discovery to the Cloud Is the Smart Security Solution
The cloud might seem like “someone else's servers,” but major vendors are sensitive to the business need for security, availability and confidentiality. With sensitive, high-value data like that, cloud providers are keenly aware they need to get security right.
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