The Mighty Sword of PACA in Bankruptcy
Special creditor protection is not located in title 11 of the United States Code; instead, one needs to refer to 7 U.S.C. '' 499a through 499t in order to discover the special protections set forth for "claims" arising under the Perishable Agricultural Commodities Act ("PACA").
Recent Cases Illustrate That Family Law Is Fascinating
Three recent cases, one in Tennessee and two in Florida, are discussed for no reason other than that they are interesting.
Features
Statistically Distinguishing Between Active and Passive Appreciation
When divorce occurs, how do matrimonial attorneys deal with division of wealth that exists at the time of filing? Depending on state laws, <i>very contentiously</i>.
Features
AAML Child Custody Evaluation Standards
The American Academy of Matrimonial Lawyers (AAML) has approved the Child Custody Evaluation Standards to provide the guidance that judges, attorneys and families across the country should embrace.
Features
Employer Found Liable for Harassment By Client
In a recent, unpublished decision, the Fourth U.S. Court of Appeals held that an employer may be responsible for the sexual harassment of one of its employees by the employer's client. This is an interesting issue that the Fourth Circuit had failed to address ' until this decision.
Features
'Ban the Box' Legislation
Ban the Box" types of legislation, designed to ensure that employers are fair when screening persons who may or may not have criminal records, can unintentionally create impossible hiring decisions and pose huge legal risks for employers.
Which State's Anti-Discrimination Law Applies?
For multistate employers, which state's law applies? Is it where the allegedly discriminatory decision is made? Where the company is headquartered? Or the law of the state where the impact of any allegedly discriminatory decision is felt?
IP News
Highlights of the latest intellectual property news from around the country.
Bd. of Regents of The Univ. of Wis. v. Phoenix Int'l. Software, Inc.
By challenging the Trademark Trial and Appeal Board's decision to cancel its trademark registration for "CONDOR," the state of Wisconsin unintentionally waived its sovereign immunity and opened itself to a suit for trademark infringement by Phoenix International Software, Inc.
Seeing Red: The Reemergence of Aesthetic Functionality
Although some will see new threats to trademark owners and the licensing industry and others will see new opportunities, trademark owners using creative designs will surely take notice of two decisions this summer: <i>Fleischer Studios Inc. v. A.V.E.L.A. Inc.</i> and <i>Christian Louboutin SA v Yves Saint Laurent America, Inc.</i>
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MOST POPULAR STORIES
- 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 ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- 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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Restrictive Covenants Meet the Telecommunications Act of 1996Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.Read More ›
