<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense
The Supreme Court's decisive ruling on March 4 against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.
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In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Reviewing Key Bankruptcy Decisions of 2008
As we look ahead to the coming year, it is instructive to review the important bankruptcy decisions of 2008. As bankruptcy filings continue to increase, the decisions summarized in this article may have important ramifications on a variety of issues.
Waiting for the Thaw: A Look at Repossession and Liquidation Statistics
By reviewing data over a number of quarters, the author notes trends that are occurring in specific sectors of the equipment leasing industry.
First Modifications Since 2001 Considered for UCC Article 9
This article discusses several items on the Article 9 Joint Review Committee's agenda that could result in amendments to UCC Article 9, certain secured transactions provisions of UCC Article 8 and the official comments.
A Firm's Culture Affects Partners' Compensation
This article explores two aspects of attorney compensation: first, the standards of evaluation, and second, the compensation decisions based upon these standards.
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Maintaining Trust: Rules, Snares, and Worries in Trust Account Management
Lawyers constantly face ethical snares on the use of and accounting for client trust accounts.
Case Briefs
Recent rulings of importance to you and your practice.
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The Follow-the-Fortunes Doctrine
This article explores the boundaries of the follow-the-fortunes doctrine. Does it have any limits? Does a cedent have carte blanche to impose its claims decisions and allocations of claims settlements upon a reinsurer without question? Do the answers to the questions depend upon whether the dispute is before a court or an arbitration panel?
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
