Forfeiture: A Primer on Proceeds
The U.S. Court of Appeals for the Second Circuit has become the second court of appeals to reject the government's broad interpretation of the statute defining "proceeds" for purposes of federal forfeiture proceedings.
FCPA: Were the Sting Trials Doomed from the Start?
The authors had a front-row seat to the challenges the government faced in the FCPA Sting trials ' they represented a client in the second trial.
Features
D&O Insurance Issues in Bankruptcy
In a D&O policy, the definition of "Claim" can significantly affect the scope of coverage. Disputes can arise when the insured, whether voluntarily or involuntarily, files for bankruptcy or becomes insolvent.
Unscheduled Rights of Action
Debtors occasionally attempt to assert property rights that existed at the time of their bankruptcy filing. When those rights were not fully disclosed in the debtor's schedules, there is a problem.
Disagreement over Absolute Assignments of Rents Reappears
Reviewing the impact under New York law of what appeared to be absolute assignments of rents, and whether Chapter 11 debtors can spend property rents to support their reorganization efforts despite such assignments.
<b><i>BREAKING NEWS:</i> Networks Prevail in Copyright Dispute over Online Service</b>
The U.S. Court of Appeals for the Second Circuit on Aug. 27 barred a company that streams live TV shows over the Internet from continuing to transmit the programming, finding that to hold otherwise would 'destabilize [an] entire industry' and inflict irreparable damage on the networks.
<b><i>BREAKING NEWS:</b></i> Apple Wins Big in Trial Against Samsung
If the verdict Apple obtained on Aug. 24 against Samsung in their smartphone and tablet trial isn't chopped down in post-trial motions or on appeal, it will stand as the largest patent verdict in history.
ABA Survey Shows Growth in Lawyers' Social Media Use
News flash: More lawyers are using social media! OK, we all knew that. But it's always nice to see some numbers that give us a sense of where we are. The recently published <i>2012 ABA Legal Technology Survey Report</i> on Web and communication technology does that.
Case Briefs
Highlights of the latest insurance cases from around the country.
Features
An Insurer's Willful or Knowing Violation of Mass. Gen. Law, Ch. 93A, ' 9
The Supreme Judicial Court of Massachusetts issued its much anticipated decision, <i>Rhodes v. AIG Domestic Claims, Inc.</i>, clarifying the scope of damages when an insurer is found to have willfully or knowingly committed an unfair settlement practice in violation of the Massachusetts Consumer Protection Act (M.G.L. c. 93A, ' 9).
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