Features
Ninth Circuit Treats Corporate Insider Fairly in Fraudulent Transfer Case
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.
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.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
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- 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 ›