A former solicitor general and a former Supreme Court clerk vigorously sparred before the justices in March over whether indigent persons have a constitutional right to counsel if they face jail for failing to pay child support.
May 16, 2011Marcia CoyleRecent cases highlight how dangerous experts can be when they report that their finding of business value is based on a "calculation."
May 16, 2011Rob Schlegel and John KotlarczykAccording to a 2010 survey by the American Academy of Matrimonial Lawyers, more than 80% of its members have used or faced evidence plucked from social networking sites. The evidence is used not only to question parental fitness, but to prove marital misconduct.
May 16, 2011Mark A. MomjianIn a ground-breaking decision by President Obama and the DOJ, General Eric Holder recently announced that the unequal treatment of same-sex couples under DOMA violates the Equal Protection clause of the United States Constitution. A look at relevant litigation.
May 16, 2011Roberta A. Kaplan and Julie E. FinkAlmost every health care bankruptcy case involves Medicare or Medicaid payments in some form or fashion. Insolvency professionals should be aware of the many complications of Medicare and Medicaid payments and potential negative consequences in bankruptcy cases.
May 14, 2011Andrew H. Sherman and Adam J. GlanzmanThe Seventh Circuit recently affirmed a ruling that the purchaser of a claim based upon an executory contract that was ultimately rejected by a Chapter 11 DIP is not entitled to cure amounts as part of its allowed claim.
May 14, 2011Scott J. Friedman and Mark G. DouglasSecured lenders often consider an out-of-court foreclosure as a faster and more efficient alternative to a credit bid sale under Chapter 11. The Second Circuit Court of Appeals has nowthrown a monkey wrench into the foreclosure alternative.
May 14, 2011Lawrence S. Goldberg and David M. HillmanThe Pennsylvania Superior Court has upheld an $18.5 million verdict against grocery chains Safeway and Genuardi's because the chains did not file post-trial motions before appealing to the Superior Court.
May 14, 2011Gina Passarellafranchisors should examine their existing franchise agreements and cultures, to make sure that when the time comes for a change to be made expeditiously, the franchisor will have the mechanisms to meet the changing market conditions.
May 14, 2011Rupert M. Barkoff

