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.
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
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.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 Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›