Features
More Bad News for Structured Finance?
While politicians scramble to preserve <i>Fannie Mae</i> and <i>Freddie Mac</i>, more trouble for financial markets looms on the horizon. Proposed changes to accounting rules for securitization vehicles could decrease the significant role of structured finance in providing the liquidity that sustained recent economic expansion.
Equitable Subordination Still Requires Proof of Harm
The U.S. Court of Appeals for the Fifth Circuit reversed a bankruptcy court's equitable subordination order on June 20, 2008. ccording to the court, subordination of the insiders' secured claims was "inappropriate" because the bankruptcy trustee had failed to show that the defendant insiders' "loans to the debtor harmed either the debtor or the general creditors." This article discusses the repercussions of that ruling.
Tradex: Requirements and Limitations of Chapter 15's Nonmain Recognition
A series of high-profile decisions issued within the past year addressed Chapter 15's strict recognition procedures and denied recognition to proceedings involving hedge funds registered in the Cayman Islands.
Features
New York Strengthens Wage Laws
In light of recent aggressive enforcement efforts of New York's Labor Laws by both the New York State Attorney General's Office and the New York State Department of Labor ("NYSDOL"), prudent employers should consider the effect of these new enactments on their pay and leave practices and take action to ensure compliance.
Features
Competing Definitions of 'Mass Layoffs' Under the WARN Act
The Retraining and Notification Act ("WARN" or The Act) creates some uncertainty for employers because it contains two potentially conflicting definitions of the term "mass layoff" ' one that looks to a 30-day period and another that aggregates layoffs over a 90-day period. This article analyzes a recent ruling that addresses the problem.
Retaliation Claims
Part One of this article, which appeared in the June issue of Employment Law Strategist, discussed proof of retaliation claims. The conclusion herein addresses what conduct is protected.
Panel Affirms Award Against Wal-Mart in Disability Bias Case
Staking out an exception to the general rule that the requirement to accommodate is normally triggered by a disabled employee's request, the Second U.S. Circuit Court of Appeals said an employer must take action "if the employer knew or reasonably should have known that the employee was disabled." <i>Brady v. Wal-Mart Stores Inc.</i>, 06-5486-cv.
Case Notes
Highlights of the latest product liability cases from around the country.
Features
Does the FDAAA's Data Dump Compute? The Potential Impact of the FDAAA on Product Liability
This article describes some of the Food and Drug Administration Amendments Act of 2007 provisions related to the expansion of information disclosure and discusses the potential effect of the provisions on product liability exposure.
Features
The Impact of New Vehicle Technology: Reaffirming Parental Responsibility in Automotive Safety Cases
Product liability litigation sometimes arises when children are injured in and around motor vehicles ' whether it involves a moving or non-moving vehicle. When evaluating responsibility, the acts, omissions, and fault of the caregiver, parent, or person responsible for the child must be considered. In defending this type of litigation, evaluating such responsibility is part of the overall analysis of the design and performance of the motor vehicle and whether having different or additional safety technology would have made a difference or resulted in a different outcome.
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