Canada Expands Judicial Assistance to the U.S.
As commerce between the U.S. and Canada becomes increasingly intertwined, the courts of the land haven't always kept pace. But a recent decision by one of Canada's highest courts is going to make it easier to enforce U.S. decisions that reach north across the border.
Features
Using ' 552(a) to Invalidate a Lender's Security Interest in Proceeds of an FCC License
Recently, a Colorado bankruptcy court considered the effects of Bankruptcy Code ' 552(a) on a lender's security interest in the proceeds of an FCC broadcast license.
Features
Of Hogs, Electricity and Gas
A split among bankruptcy courts has called into question whether supply contracts for commodities such as hogs, electricity and gas will receive the same protection that has been extended to swaps and other financial contracts under ' 546 of the Bankruptcy Code.
Chemtura: 'Make-Whole' and 'No-Call' Provisions
The Bankruptcy Court for the Southern District of New York's recent decision in <i>In re Chemtura Corp</i> examines the treatment of "make-whole" and "no-call" provisions in bankruptcy proceedings in the context of a settlement of such claims pursuant to a plan or reorganization.
<b><i>BREAKING NEWS:</i></b> King & Spalding Drops Marriage Case; Former Solicitor General Quits Firm
After a week of criticism from gay-rights groups, King & Spalding reversed itself on April 25 and asked to withdraw as counsel in charge of defending the federal Defense of Marriage Act.
<b><i>BREAKING NEWS:</i></b> King & Spalding Drops Marriage Case; Former Solicitor General Quits Firm
After a week of criticism from gay-rights groups, King & Spalding reversed itself on April 25 and asked to withdraw as counsel in charge of defending the federal Defense of Marriage Act.
Features
Social Media and Its Effects
In the legal world, the role of social media has become more prevalent in the last five years. Attorneys and their clients are grappling with how this emerging technology will affect their cases.
The Duty to Preserve in an Uncertain World
As detailed in a recent ruling, the duty to preserve attaches whenever a party reasonably anticipates litigation. However, there are other scenarios that have less clear-cut answers.
Supreme Court Sharpens 'Cat's Paw' Liability
In its recent unanimous decision in <i>Staub v. Proctor Hospital</i>, the U.S. Supreme Court both recognized the concept of "cat's paw" liability in employment discrimination cases ' and sharpened its claws.
The New UK Bribery Act
All General Counsel should reach for their calendars now and circle July 1. That's the date when the new UK Bribery Act will take effect. The Act has extra-territorial reach and will impact almost every corporation doing business internationally.
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- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›