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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.
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>.
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' bankruptcy case was the largest and most complex Chapter 11 case in history. Here's an inside look.
LexisNexis announced a new Financial Restructuring and Bankruptcy module for Lexis Practice Advisor, a web-based legal content service designed to give transactional lawyers a step-by-step approach to deal with a particular issue.Suzanne Petren Moritz, vice president and managing director of Lexis Practice Advisor, says the new module includes content from leading transactional lawyers in the field such as DLA Piper partner George B. South III; Fried, Frank, Harris, Shriver & Jacobson partner Gary L. Kaplan;'
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There were a number of themes in legal technology that I first observed at Legal Tech New York 2012 that I see continuing to grow. A host of new visual messages emerged to collectively announce a new era of legal technology, ranging from simplification and unification to reinvention and collaboration.
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The U.S. Supreme Court issued two starkly different decisions in 2011 that together will shape (and, indeed, have already shaped) the analysis that courts must employ in determining whether to certify ERISA class actions.
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The measures discussed in this article can help organizations to manage the risks associated with operating in the digital environment. This is important because, in 2012, ignorance of what your copier remembers is no longer a defense.
The Seventh Circuit recently ruled that the Americans ADA does not require employers to reassign disabled employees to vacant positions for which they are qualified if better qualified candidates apply and it is the employer's "consistent and honest" policy to hire the best qualified applicant.
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Depending upon policy terms, D&O insurance may pay defense costs incurred in response to various SEC actions, including an informal investigation, a formal order of investigation, a subpoena or an indictment.