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  • Two recent decisions addressed the scope of grand jury witness civil immunity in the context of 42 U.S.C. ' 1983 actions. They are discussed herein.

    November 26, 2012Howard W. Goldstein
  • The recent In re Heritage Highgate, Inc. decision provides important lessons to bankruptcy litigators addressing the shifting burdens of proof required in valuation litigation under Section 5 (a) of the Bankruptcy Code.

    November 26, 2012Samuel H. Israel, Joshua T. Klein and Brian R. Isen
  • This article explores the process by which the key parties-in-interest in this case successfully negotiated the Partner Contribution Settlements or PCPs, the rationale behind Bankruptcy Judge Glenn's approval of the PCPs, as well as some of the issues that the United States District Court for the Southern District of New York is currently considering on appeal.

    November 26, 2012Steven B. Smith and Joy L. Monahan
  • Hewlett-Packard Co. said on Nov. 20 that it will take an $8.8 billion write down related to its purchase of Autonomy PLC and alleged that Autonomy executives committed accounting fraud to inflate the company's value during the sale.

    November 21, 2012Evan Koblentz
  • Highlights of the latest equipment leasing news from around the country.

    November 19, 2012ALM Staff | Law Journal Newsletters |
  • Sustained economic growth resulted in an increase in compensation among originators in the equipment finance industry in 2011, according to the 2012 Equipment Leasing & Finance Compensation Survey from the Equipment Leasing and Finance Association and the performance reward consulting and benchmarking firm for the financial services sector, McLagan.

    November 19, 2012ALM Staff | Law Journal Newsletters |
  • In its recent decision in SEC v. Apuzzo, the U.S. Court of Appeals for the Second Circuit held that to prevail on a claim of aiding and abetting securities fraud under § 20(e) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78t(e), the Securities and Exchange Commission need not demonstrate that the defendant's conduct proximately caused the primary violation.

    November 19, 2012Barbara L. Trencher and Niall O'Hegarty
  • This article explores the impact of recharacterization, and discusses the tests developed by courts to determine whether a lease will be considered to be a secured loan. Then, a review of the most recent cases shows the characterization tests in practice.

    November 19, 2012Pamela J. Martinson