LJN Newsletters

Due diligence is an integral and essential part of corporate transactions, yet for lawyers and their clients, it can be a painful process. In mergers and acquisitions and other dynamic and time-sensitive transactions, due diligence often becomes a bottleneck that slows down deals, a frustration to attorneys and their clients alike.

While Chapter 11 is generally known as the reorganization chapter of the Bankruptcy Code, more recently, it has been used as a vehicle to manage the orderly liquidation of business entities through plans of liquidation. Whether such liquidations follow sales of a debtor's assets under ' 363 or monetization of assets of a debtor over time, the liquidating plan often provides for payments to the creditor body that generally follow the priority of distribution set forth in ' 726.

In-depth discussion of a case in which a court must decide if a particular med mal policy will survive a doctor's fraud.

The threat of criminal environmental prosecutions is real. Most federal and state environmental statutes provide for criminal prosecution in appropriate circumstances, often for knowing violations of environmental law, but sometimes even on a negligence or strict liability basis. Here's what you need to know.

Pick up pretty much any 21st century smart phone, tablet or PC, and in minutes, a treasure trove of information about its owner can be uncovered. Missives to a significant other, photos from summer vacation, browsing history that spans years; all of this information, generally considered of the most intimate nature, is easily accessible with even a rudimentary technical knowledge of the device's operating system. Needless to say, unwanted disclosure of such information can be highly damaging.

Analysis of the latest key rulings.

In Akamai Technologies, the Federal Circuit ruled that there is no direct infringement unless a "single entity" performs each and every step of the claimed method. Therefore, it found no direct infringement because Limelight and its customers were not part of a single entity and the customers were performing the missing step for their own benefit, not Limelight's.

Reclamation, although appearing rather simple at first glance, is a remedy that requires reference to the expanding body of case law that has interpreted Bankruptcy Code Section 546(c). The over-used term "a trap for the unwary" is exemplified by the reclamation issues that can arise in a Chapter 11 reorganization case.