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Features

The 'Ordinary Prudence' Standard in Mail and Wire Fraud Cases

Jefferson M. Gray

To establish the required element of a scheme to defraud, it is necessary for federal prosecutors to prove that the scheme was "reasonably calculated to deceive persons of ordinary prudence and comprehension.

On the Move

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

A Failure to Assume

By Bruce Buechler

This article discusses the "ride-through" doctrine, which courts have developed to resolve the ambiguity resulting from a debtor's failure to assume or reject an executory contract under ' 365 prior to plan confirmation.

Features

Judge Not, Lest Ye Be Judged ... Via Online Resources

Lisa Reisz & David Dilenschneider

How to conduct online research on the judges who preside over your cases.

Ninth Circuit Holds That Even Brats Deserve Equitable Treatment

Stephen W. Feingold & Katharine M. Sullivan

<i>Mattel Inc. v. MGA Entertainment, Inc.</i>, a recent case decided by the Ninth Circuit, illustrates why companies should ensure that the ideas developed by their employees may not be exploited by those employees to the detriment of their employer.

Features

What Corporate Counsel Need to Know About Managing Deposition Costs

Stewart Weltman

This article provides some guidance to in-house counsel as to how to better manage your outside counsel in limiting this deposition costs. This boils down to deciding who should or should not be deposed.

Supreme Court Ruling Bolsters Ability of Third-Party Employees to Bring Retaliation Suits

Tara G. La Fiura & Cara Shafran

In a decision bound to affect all employers,the Supreme Court unanimously held that the anti-retaliation provisions of Title VII of the Civil Rights Act of 1964 not only protect employees who challenge discrimination, but also co-workers who are related to or a close associate of the employee.

Features

Equitable Subordination Attacks on Secured Lenders

Alan M. Christenfeld & Barbara Goodstein

This article discuss two recent cases involving equitable subordination in bankruptcy that should inform the conduct of lenders when dealing with financially deteriorating borrowers, especially in such matters as credit facility amendments, forbearance agreements and providing additional financing.

What's New in the Law

Robert W. Ihne

Highlights of the latest equipment leasing law.

Features

Leasing Wind Power Facilities: A New Reality

David G. Mayer & Joel Bannister

Leasing has appeared on the national stage as a potentially viable, though complex, type of financing for wind energy facilities, with its successful use in two large utility scale projects and one community wind project.

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