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Thanks to a recent act of Congress, the oil spill may be seeping into product liability law. Meet the SPILL Act.
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This article reviews two cases ' one decision and one case under review by the U.S. Supreme Court ' in which class counsel sought certification of a class after a similar class was denied certification in another jurisdiction.
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Many commercial leases involve franchises. Consequently, a dispute between a franchisor and franchisee can result in problems for a landlord.
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The Dodd-Frank Act directs the Sentencing Commission to amend the Sentencing Guidelines for certain fraud offenses, just as SOX did ten years ago. Those SOX amendments led to sentences greater than under the original Guidelines Manual, and a similar result will likely follow from Dodd-Frank.
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The DOJ exercises virtually unlimited discretion in deciding who gets charged in FCPA cases and, for all practical purposes, in deciding the amount of the financial penalty imposed against corporate violators. But sentencing of individual defendants is ultimately a matter of judicial, not prosecutorial, discretion.
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Although it is important for both policyholder and insurer to review carefully the cooperation clause in a liability insurance policy to determine its precise, expressed scope, it also is important for the parties to recognize that ethical rules and decisional law may serve to limit the stated scope of any duty to cooperate.
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A recent Sixth Circuit opinion may rebuke implicitly a controversial holding of the Ninth Circuit Bankruptcy Appellate Panel in 2008, holding that the lien-stripping effect of a sale pursuant to ' 363(f)of the Bankruptcy Code could be unwound on appeal.