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Although at the moment the state of New York is generating very little news on gay family issues, cases in other jurisdictions may eventually have some impact on the state, perhaps as argument when similar issues arise here, or at least with respect to how families formed in other states are treated when they relocate to New York.
From brick-and-mortar Wal-Marts to boutique e-commerce setups, U.S. e-tail sales were strong in the third quarter, most likely driven by news of increased national productivity and a rosier outlook for the economy.
Recent developments in e-commerce law and in the e-commerce industry.
Features
Two bills aimed at establishing strict national anti-spam legislation in Canada expired when the last session of Parliament ended in November without them being enacted, but the legislators who introduced the measures vowed to reintroduce the bills in the next session of Parliament, which is expected to begin Jan. 12, 2004. The bills, as drafted, would subject people who violate the laws to hefty fines, imprisonment, or both.
Features
Recent court rulings in e-commerce.
In the Nov. 11 edition of <i>The Wall Street Journal</i>, Ian Harvey, chief executive of tech firm BTG plc, said "if the European Commission were looking for a way to cripple technological innovation in Europe, it could hardly have come up with a better proposal than its proposed rules on technology transfer." Indeed, that proposal will no longer govern merely patents and know-how, but also software-copyright licenses - a move that might very well have a big impact on a variety of e-commerce business models.
Features
In late September 2003, Enron Corp. and Enron North America Corp. sued more than 40 banks and financial institution defendants for knowingly participating with insiders of Enron in a "multi-year scheme to manipulate and misstate Enron's financial condition." Complaint at '1.
Recent cases of importance to you and your practice.
Features
Chapter 11 is designed to enable a company in financial distress to preserve its business as a going concern and maximize the distributable value to creditors. This may be accomplished through the debtor's rehabilitation of its business and restructuring of its balance sheet through a stand-alone plan of reorganization or through the sale of its assets or businesses pursuant to section 363 of the Bankruptcy Code (or a Chapter 11 plan). The best course of action to preserve the debtor as a going concern and maximize value is dependent on the facts and circumstances of the Chapter 11 case and the interests of the relevant stakeholders.
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It is generally understood that bankruptcy law requires debtors to cure all contractual defaults before assuming any executory contract because debtors would receive a windfall without such requirement: They could assume (and compel performance on) contracts that they had breached without paying any resulting damages claim. If such a result were permitted under the Code, failing companies would have even less incentive to continue performing on contracts pre-petition because they could presumably seek to assume those contracts in bankruptcy without penalty.
