LJN Newsletters

  • Foreclosure and Receivers in the Current Liquidity Crisis

    Given the instability in the current real estate market and the significant rise in the number of borrowers defaulting on their mortgages, the topic of foreclosures, regardless of the type, will be the subject of many future discussions and articles. Just a quick review of popular business periodicals reveals the many forces working together to both increase the number of foreclosures and decrease property values. In this climate, many lenders will be assessing their options when it comes to foreclosing on delinquent borrowers.

    October 30, 2007Keith Miles Aurzada and Gwendolyn J. Godfrey

  • Enron Redux

    Featured prominently in business and financial headlines in late 2005 and early 2006 were a pair of highly controversial rulings handed down by the New York bankruptcy court overseeing the Chapter 11 cases of embattled energy broker Enron Corporation and its affiliates. Now, in a carefully reasoned 53-page opinion, District Judge Shira A. Scheindlin recently vacated both of the controversial rulings. In re Enron Corp., 2007 WL 2446498 (S.D.N.Y. Aug. 27, 2007).

    October 30, 2007Mark G. Douglas

  • Navigating the New Reality of Equipment Leasing and CERCLA Liability

    This first installment of a two-part series explains the Atlantic Research decision and some of the basic steps a party to a commercial real estate transaction should take to help protect itself from unexpected CERCLA claims resulting from this decision.

    October 30, 2007Russell V. Randle and David G. Mayer

  • Keeping Passion in the Law

    This article explores what keeps lawyers committed to the practice of law, what law firms can do to keep attorneys passionate about the law, and what lawyers can do to retain the passion.

    October 30, 2007Lisa Horowitz

  • Available Upon Request? Qualified Immunity for Employer References

    Given the protections from liability available in many jurisdictions, most legal employers have a good deal more flexibility than they currently exercise in handling requests for references. Yet, many cautious employers have been slow to liberalize their reference practices.

    October 30, 2007Charles Floyd

  • Charney v. Sullivan & Cromwell: What Lessons Lie Here for Your Firm?

    This article reviews the Charney case and applicable federal cases that might apply in workplace discrimination and relatiation situations, and points out the hidden dangers of local ordinances that attempt to regulate human behavior, and (arguably) even thought, in the workplace.

    October 30, 2007Bruce Jackson and Debra G. Buster

  • A Look At FIN 48

    In an effort to increase comparability and consistency in how companies report income tax positions on financial statements, the Financial Accounting Standards Board ('FASB') issued FASB Interpretation Number 48 ('FIN 48'), Accounting for Uncertainty in Income Taxes on July 13, 2006. FIN 48 changes the way companies must account for uncertain tax positions taken on federal, state and local, and international income tax returns for financial reporting purposes.

    October 30, 2007Peter H. Gruen and Lindsay M. LaCava

  • Ten Things You Should Know About China's New Antitrust Law

    On Aug. 30, 2007, China's National People's Congress adopted the Anti-Monopoly Law ('AML'), the first ever comprehensive competition law in the largest emerging market in the world. This was the culmination of 13 years of legislative effort and debate since the first draft of this law was originally conceived. What are the essentials of China's emerging antitrust legal regime? The following are the ten key things that you should know about this area.

    October 30, 2007Steve Yu and Peter Corne

  • The Roberts Court on Antitrust

    By the end of its last term, the Supreme Court decided four significant antitrust cases, resulting in one of the most antitrust-focused terms in the Court's history. In rendering decisions favorable to the defendants in all four cases, the Court quickly drew the dreaded 'pro-business' label. Commentators on the left criticized the decisions as marking a hard-right turn on antitrust policy, while those on the right lauded the Court's restoration of free-market principles to competition analysis. These broad pronouncements overstate the similarities among the cases, which arose in a wide range of industries and raised quite different legal issues.

    October 30, 2007Wesley R. Powell and G. Shireen Hilal