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On countless occasions, the Supreme Court has proclaimed the longstanding axiom that the bankruptcy process is for "honest debtors" only; wrongdoers should never be allowed refuge within the confines of the nation's insolvency law. Often overlooked is the fact that the automatic stay, 11 U.S.C. ' 362(a), a linchpin of modern bankruptcy practice, was likewise carefully constructed so as to not provide a safe harbor for malefactors.
Understanding the courts' treatment of this division of claims (as inconsistent as it is) is essential to a successful litigation strategy, whether on behalf of individual creditors or a trustee.
Features
Eli Lilly & Co. will pay a combined $1.42 billion, including the largest criminal fine in history ' $515 million ' to settle charges that it illegally marketed the anti-psychotic drug Zyprexa for off-label use, federal prosecutors announced on Jan. 15.
Features
Especially for e-commerce attorneys ' who have quickly adapted to doing all of their business chained to a computer monitor ' in-person networking is becoming a lost art. Even if you may very well be doing the right thing in attending networking events, you may not be doing the thing right well.
Features
This article explores a social networking site user's right to privacy, an adversary's right to obtain information from that site, and the admissibility of the information.
Features
In today's BlackBerry-driven, online business world, losing one's e-mail ' and access to other online forms of communication ' has to be worse than REM's fear of losing one's religion. Yet that is just the fate that may await our next President, who has already publicly confessed (on national television, no less, though you can certainly find the story on the Internet) his steadfast inability to shake his smoking addiction under the stress of a Presidential campaign.
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An appellate court recently ruled that an automobile dealership that could not file suit to enjoin an additional dealership under the statute's specific additional "add-point" statute could nevertheless file an administrative proceeding based on a "generic" statute that prohibits conduct by a manufacturer that is "capricious, in bad faith, or unconscionable."
