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Features

Profiting from the Downturn: Bankruptcy Asset Sales Image

Profiting from the Downturn: Bankruptcy Asset Sales

David Lee Tayman

Buying assets out of a bankruptcy case represents one of the best ways to profit from financial distress. However, just as there is no typical bankrupt company, there is no typical asset sale in a bankruptcy case. Bankruptcy and distressed company investing, while potentially lucrative, is also complex and oftentimes contentious.

Collection: High-Income, Good Faith, and the Dismissal of Non-Consumer Bankruptcy Cases under Chapter 7 Image

Collection: High-Income, Good Faith, and the Dismissal of Non-Consumer Bankruptcy Cases under Chapter 7

Jeffrey N. Rich & Eunice Rim

After the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, some confusion has arisen as to whether Congress' failure to specifically incorporate the Means Test into §707(a) prohibits courts from considering a debtor's income, ability to pay, and lavish lifestyle in non-consumer bankruptcy cases under the 'bad faith' standard or otherwise.

Venture Debt Update: Will the Recent Rise in Venture Lending Turn to Bust? Image

Venture Debt Update: Will the Recent Rise in Venture Lending Turn to Bust?

George A. Parker

Although venture debt financing is in the midst of a strong rebound, there are signs that the recovery might not last. Some of the conditions that caused a swift decline in venture lending earlier in the decade have resurfaced, threatening the growth of this form of financing.

January issue in PDF format Image

January issue in PDF format

ALM Staff & Law Journal Newsletters

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Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

News about lawyers and law firms in the product liability field.

Features

Case Notes Image

Case Notes

ALM Staff & Law Journal Newsletters

Highlights of the latest product liability cases from around the country.

'Mass Actions': Eleventh Circuit Attempts to Find a Method to the Madness Image

'Mass Actions': Eleventh Circuit Attempts to Find a Method to the Madness

Alan E. Rothman

Although the Eleventh Circuit in <i>Lowery v. Alabama Power Co.</i>, attempted to grapple with some of the thorny issues presented by CAFA's 'mass action' provisions (and removal generally), many questions remain unanswered.

Features

Extra-Judicial Opinions: The Argument Against a Fifth Daubert Factor Image

Extra-Judicial Opinions: The Argument Against a Fifth Daubert Factor

Lawrence Goldhirsch

Although the Ninth Circuit did not rule that extra-judicial circumstances should be added to the four Supreme Court Daubert 'factors,' there is, nevertheless, superficial support by some courts in dicta that <i>Daubert II</i> held that an extra-judicial opinion is more reliable than one born out of the litigation. A closer look at this idea will reveal it is not one that should be adopted as a factor.

Features

Consumer Fraud Actions: The Applicability of the Learned Intermediary Doctrine Image

Consumer Fraud Actions: The Applicability of the Learned Intermediary Doctrine

Lori G. Cohen & Shirley Lee

There is much uncertainty surrounding if and how well-established defenses to traditional product liability claims will translate in non-personal injury consumer fraud actions. At the forefront of this uncertainty is the applicability of the learned intermediary doctrine in consumer fraud actions involving pharmaceuticals or medical devices.

Practice Tip: Rule 34's Direct Access Provision Image

Practice Tip: Rule 34's Direct Access Provision

Mary Clare Bonaccorsi, Mark Brennan & JP Benitez

Rule 34 of the Federal Rules of Civil Procedure permits a party to 'inspect, copy, test, or sample any designated documents or electronically stored information.' However, what exactly does that mean for corporate litigants? Can a plaintiff demand to show up at a client's offices and expect a seat in front of a keyboard? Will a client be forced to hire a third party to copy its hard drives &mdash; online shopping Web history and all &mdash; and hand them over to the opponent?

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