LJN Newsletters

While recent years have seen a rash of decisions rejecting civil settlements between the SEC and corporate defendants, United States v. Fokker Services B.V. represents the first time that a federal court has rejected an agreement in the criminal context.

The biggest danger to matrimonial attorneys is that the valuation professional will only give this single-period model as the sole support for the opinion, seemingly ignoring other market evidence and asset/liability components. If this is the situation, the matrimonial attorney should understand how to attack the opposing expert, or seek support of his/her expert in a hearing to rehabilitate the expert following a cross-examination scrutiny.

The most obvious and logical candidates to purchase an estate's LLC interests are the other, non-bankrupt members because the market for selling privately held LLC interests is thin, and dispositions to third parties may raise complications concerning sales of unregistered securities.

Under Section 363(f) of the Bankruptcy Code, a debtor may sell property free and clear of a third-party's liens, claims and encumbrances only if that party "could be compelled, in a legal or equitable proceeding, to accept a money satisfaction" of that party's interest in the property. However, in a recent case, the judge was faced with a relatively rare scenario.

Working capital adjustments are often some of the most highly negotiated provisions in a private company mergers and acquisitions (M&A) transaction agreement. The provisions are complex and involve a blend of legal and accounting concepts and standards and can have an immediate impact. It is essential to understand the nuances to avoid traps for the unwary.

Business bankruptcy filings are down significantly from their high point during the Great Recession. What appears to have replaced foreclosures and institutional debt issues as the straw that breaks the camel's back is litigation. In many cases seen locally (in the Central District of California), the nature of litigation that pushes a company over the line comes in the form of employee-related causes of action.

If in-house legal departments are holding tighter to their company's legal work and going to fewer law firms when they do send out work, the best time to get an "in" with a legal department may be when they switch general counsel. And that is also when existing firms need to fight to keep their relationships.

We all know that for a product liability plaintiff to have standing to sue, he must demonstrate both that he suffered some form of compensable harm and that the harm was caused by the defendant's product. But what if that plaintiff is an unnamed member of a class action?