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.
Features
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.
<B><I>Online Exclusive:</b></i> <b>Lexis Practice Advisor Takes on Bankruptcy</b>
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;'
Features
Simplifying e-Discovery: A Continuing Trend
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.
Features
ERISA Class Certification in The Wake of Dukes And Amara
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.
Features
Digital Copiers Don't Forget
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.
Seventh Circuit: Reassignment of Disabled Workers Is Not Required
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.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Credible Fraudulent Transfer AdvocacyAppellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.Read More ›
- ELFA ScheduleThe Equipment Leasing and Finance Association has released its 2016 calendar of events.Read More ›
- Holders of Unredeemed Gift Cards Denied Bankpruptcy PriorityFor some time now, the brick and mortar side of the retail industry has been in financial distress. In 2015 and 2016 alone, brand-name companies such as Sports Authority, RadioShack, Aéropostale, American Apparel, Eastern Mountain Sports and City Sports sought bankruptcy protection. A common question in these cases is how to treat holders of unredeemed gift cards. Are they near the back of the line with other general unsecured creditors, or are they entitled to “priority” payment status under the Bankruptcy Code?Read More ›
- Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the OfficeA trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.Read More ›
- The 'Friendly Fraud' ChargebackThe abuse of the chargeback option has resulted in a "friendly fraud" epidemic harming not only merchants, but the very consumers the programs were designed to help.Read More ›