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The Dodd-Frank Act greatly increases rating agencies' potential liability under the securities laws. One impact is almost certain: In the future, rating agencies are unlikely to fare as well in the courts as they have in the past.

Recently, in <i>In re TOUSA Inc.</i> and <i>In re Capmark Fin. Group Inc.</i>, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.

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A federal appeals court on Oct. 20 granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of "don't ask, don't tell," the military's ban on openly gay service members.

Features

A federal appeals court on Oct. 20 granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of "don't ask, don't tell," the military's ban on openly gay service members.

Features

Highlights from the latest insurance cases from around the country.

Features

With its 2010 decision of <i>Conkright v. Frommert</i>, the Supreme Court has once again opted to resist a proposed carve-out to the general rule of deference to ERISA plan administrators &mdash; this time in situations where an administrator's first attempt to construe an ERISA plan has been held by the reviewing court to be unreasonable.

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According to the New Jersey Supreme Court in <i>Myron Corp. v. Atlantic Mutual Insurance Co.</i>, a policyholder's right to recover counsel fees extends even to those fees incurred defending against an insurer-initiated, out-of-state declaratory judgment action.

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It has recently been reported that the Japan Ministry of Justice has decided to revise its Practicing Attorney Law to allow a foreign law firm to conduct its law practice in Japan through a Legal Professional Corporation. These revisions may be submitted to the Extraordinary Diet session this autumn for introduction in 2012.