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Features

SEC Cooperation Initiative Image

SEC Cooperation Initiative

Howard W. Goldstein

With the hope of encouraging corporate insiders to cooperate during investigations, the SEC issued a new Enforcement Cooperation Initiative in mid-January. Herein is a complete explanation.

Champerty Clarified Image

Champerty Clarified

Lawrence V. Gelber & David J. Karp

In a decision of great significance to secondary market distressed debt and claims purchasers, the New York Court of Appeals recently held that this type of "standard" assignment of claim does not violate New York's champerty statute.

It's All About the Guaranty Image

It's All About the Guaranty

Travis Hendren & Paul F. Rubin

Every legal and financial adviser dealing with distressed real estate needs to put up a sign reminding themselves (and their clients) that "It's all about the guaranty.

Features

How Safe Is the Harbor? Image

How Safe Is the Harbor?

Robert W. Dremluk

Do the Bankruptcy Code safe-harbor provisions have some unintended consequences? Can they adequately address systemic risk in an environment of ever-changing complex financial transactions? A complete analysis.

<i><b>BREAKING NEWS:</i></b> FCC Dealt Blow to Net Neutrality Image

<i><b>BREAKING NEWS:</i></b> FCC Dealt Blow to Net Neutrality

Jenna Greene

In the wake of a stinging defeat in court, the Federal Communications Commission finds its ability to regulate the Internet in question, its signature 'net neutrality' initiative hanging by a thread. Now, the agency faces several unpalatable options.

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

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

Case Notes Image

Case Notes

ALM Staff & Law Journal Newsletters

Analyses of key cases of importance.

Features

'Failure to Warn' Claims Against Generic Manufacturers Not Preempted By Federal Law Image

'Failure to Warn' Claims Against Generic Manufacturers Not Preempted By Federal Law

David M. Gossett, Henninger S. Bullock & Daniel L. Ring

The U.S. Court of Appeals for the Eighth Circuit recently held that "failure to warn" claims brought against generic manufacturers of Reglan' (a prescription drug used to treat certain gastric disorders) were not preempted by federal law and could, therefore, proceed to discovery.

Features

Practice Tip: FDA Issues Draft Guidance for REMS Image

Practice Tip: FDA Issues Draft Guidance for REMS

Alan Minsk

The first part of this article discussed the background of REMS (Risk Evaluation and Mitigation Strategies) and provided a summary of the Draft Guidance. The conclusion herein explains the second part of the procedure, including proposed modifications and communicating with the FDA.

When Attorneys Ghostwrite Experts' Reports Image

When Attorneys Ghostwrite Experts' Reports

Michael Hoenig

How much attorney involvement in the drafting of experts' reports is permissible? Must the entire work product be that of the expert? Or, at the other extreme, would it be acceptable for an attorney to draft the entire expert's report with the expert "adopting" it?

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