A debtor's pre-bankruptcy repurchase of its stock for $150 million was not a fraudulent transfer because the debtor "could have sold off enough of its assets or alternatively obtained sufficient credit to continue its business for the foreseeable future," held the Second Circuit in June 15.
When either party commences an action for distribution of marital property in the state of the marital residence, a question arises as to what date is used as a cutoff date in classifying whether property is marital or separate. Is it the date of the earlier commencement of the divorce proceeding in the foreign state, or the date of the later commencement of the distribution action?
Especially in a time where cybersecurity remains in the headlines on a regular basis, it's crucial to understand what data exists in order to protect it. Where's your data? What if you lost track of some of it? What if attackers copied it?
The DOJ is focused on prosecuting individuals who are responsible for corporate wrongdoing, and corporations must be prepared to provide all available facts about the individuals responsible for the wrongdoing if they wish to receive any cooperation credit from the DOJ. This is the thrust of the DOJ's "Yates Memo."
The issue of whether a court has personal jurisdiction over a party in an entertainment industry lawsuit is determined, as in other types of litigation, on a state-by-state basis, subject to whether this jurisdiction meets due process. The case outcomes vary.
Recently, several federal district courts and circuit courts of appeals have rendered decisions uncharacteristically protective ' or, some have argued, paternalistic ' toward plaintiffs in Fair Labor Standards Act (FLSA) cases.
A Patent on the Method of Filtering Internet Content Survives '101 Challenge
Public Interest Factor Does Not Bar a Permanent Injunction Against a Direct Competitor
Patent Owner Does Not Have to Prove Non-Obviousness In IPR Proceedings
While it is now a well-trodden path for foreign office holders seeking more traditional ancillary assistance, Chapter 15 continues to evolve as enterprising U.S. legal advisers and foreign office holders team up to deploy progressively novel cross-border strategies.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
