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.
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