Features
Uncharted Courses
An in-depth discussion of American Airlines' recent Chapter 11 filing.
CDOs Are Less Bankruptcy Remote than You Thought
The recent decision of the United States Bankruptcy Court for the District of New Jersey in <i>In re Zais Investment Grade Limited VII</i> took many holders of collateral debt obligations ("CDOs") by surprise.
2011 Litigation Trends Survey
Results of the 2011 Fulbright & Jaworski Litigation Trends Survey of senior corporate counsel.
Features
<B><I>BREAKING NEWS:</b></i> <b>Facebook Settles with FTC over Privacy Violations</b>
Facebook has settled Federal Trade Commission charges that it deceived its users and failed to keep their information private, agreeing on Tuesday to establish a comprehensive privacy program that includes independent audits for the next 20 years.
Features
Coverage Issues Stemming from Med Pay Claims Under Commercial Premises Liability Policies
This article sets out the typical med pay policy language, summarizes certain coverage issues that have arisen in recent years with respect to med pay claims, and discusses two cases addressing whether an insurer can be liable in bad faith to an injured person for failing to provide med pay benefits.
IP News
Highlights of the latest intellectual property news from around the country.
Features
Work-for-Hire Dispute Over Comic Books a Reminder of Drafting Considerations
Decisions such as the recent opinion by the U.S. District Court for the Southern District of New York in <i>Marvel Worldwide v. Kirby</i> highlight the importance of carefully drafting provisions governing the transfer of rights in new works of authorship.
Re-registration of Current Domain Name By New Owner Not ACPA 'Registration'
The Ninth Circuit has now concluded that the Anticybersquatting Consumer Protection Act does not apply to a domain name that is first registered prior to the time the trademark at issue becomes distinctive, even if the domain name is later re-registered by a new owner. However, the Ninth Circuit also held that the ACPA can apply to new domain names registered by the new owner after the mark acquires distinctiveness.
Features
Using Consumer Surveys to Prove Patent Infringement Damages at Trial
Though long used in trademark, false advertising, and antitrust cases, the use of consumer surveys in patent cases is a relatively recent phenomenon. Counsel responsible for managing patent litigation should understand the potential role that survey evidence can play at trial.
How The Williams Companies Uses Matter Management to Work More Efficiently
In 2001, Williams found itself in the midst of a painful downturn that ultimately changed the composition of the company's assets and its direction. As such, our legal department was given a corporate mandate to increase our internal services while dramatically reducing our budget, headcount and spending on outside legal services.
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- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Structuring Strategies for Off-Balance-Sheet Treatment of Real Property LeasesThe Financial Accounting Standards Board released a new set of lease accounting standards, ASC 842, which went into effect earlier this year. Most significantly, publicly traded companies are now obligated to list all leases of 12 months or longer on their balance sheets as both assets and liabilities. Large private companies will follow suit in 2020.Read More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Compliance Officers and Law Enforcement: Friends or Foes?<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›