Your Tenant Is in Default, But the Entity Does Not Exist
More often than you might think, landlords enter into leases with tenant-entities only to find later, when the tenant defaults under the lease, that the tenant-entity was never lawfully formed or did not exist at the time of entering into the lease.
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Business Crimes Hotline
Analysis of two separate decisions of note.
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When Taking Proprietary Information Is Not a Crime
In back-to-back decisions, the Ninth and Second circuits interpreted three different federal statutes '' the CFAA, the NSPA, EEA '' in ways that narrowed federal prosecutors'' ability to charge former employees for stealing proprietary information from their companies.
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Update: The IRS Whistleblower Program
This article continues last month's discusssion with a look at the IRS whislteblower program's success to date, as well as proposed improvements to the program.
The Fragile Fifth Amendment
When the contents of electronic devices are encrypted, must the owner facilitate the government's review by decrypting the data or supplying the password to do so? A look at recent rulings.
Asbestos Claims
Asbestos defendants that file for reorganization under the U.S. Bankruptcy Code and seek to establish a personal injury trust for the payment of claims may transfer their liability insurance recovery rights to the trust even if the insurance policies include provisions barring the transfer of such rights.
Court Reverses 'Ponzi-Like' Fraudulent Transfer Ruling
The Fifth Circuit recently reversed a district court's fraudulent transfer judgment based on a financially troubled entity's gift to a charity. <i>The American Cancer Society v. Cook</i>.
Issue-Specific Withdrawal of the Reference
This article considers the genesis, tendency and scope of the district courts' withdrawals of the reference in some of the more complex proceedings pending today.
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Lehman Brothers' ADR Procedures for Resolving Its Derivative Contracts in Bankruptcy
Lehman Brothers' bankruptcy case was the largest and most complex Chapter 11 case in history. Here's an inside look.
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