Features
Ninth Circuit Treats Corporate Insider Fairly in Fraudulent Transfer Case
The Ninth Circuit recently reversed a district court's adverse $6.7 million fraudulent transfer judgment against a corporate insider, a director of the debtor, in a remarkably sensible opinion.
Features
Assumption of Liabilities
What impact does a bankruptcy filing and a contract rejection have on a carefully drafted, thoroughly negotiated asset purchase agreement? A look at a recent ruling.
Features
The Application of Pollution Exclusions to Defective Drywall Claims
Considering similar facts and similar policy language, courts in two states have already reached opposing decisions on whether pollution exclusions in homeowners' policies bar coverage for defective drywall claims.
Features
Gift Plans: Death Knell or Still on Life Support?
This article focuses on whether an out-of-the-money unsecured creditor with an unliquidated claim has standing to object to a gift plan.
'Tangible Property' Defined in the Computer Age
Companies are looking to insure against claims raised by users viewing or otherwise accessing a company's Internet Web sites and advertisements for damage to hardware, data, information, and other computer components.
Drug & Device News
A look at recent litigation and other news that affects your practice.
MD High Court: Prejudice Stemming from Late Notice Must Be Shown
If an insured drops his claims-made insurance and is sued three years later, his insurer will disclaim liability even if the injury occurred during the term of the policy. A look at a recent case.
Feds to Expand Use of Debarment in Health Care Sector
CEOs of health care companies, be forewarned: The government is planning to expand its use of debarring "untrustworthy individuals" as a way to hold individuals accountable for a company's fraud.
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MOST POPULAR STORIES
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
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