Features
Concurrent Rights Offerings by Chapter 11 Debtors
Continuing the discussion of how Eastman Kodak Company conducted the first-ever parallel rights offerings in connection with its Chapter 11 plan of reorganization.
A Tale of Two Asset Sales
An example in which a Chapter 7 trustee, in separating the measure of "highest price" from "best outcome," unlocked significant value for all stakeholders.
Features
Is a Foreign Debtor with No Assets in the U.S. Eligible for Chapter 15 Relief?
This article sets forth the statutory provisions that led to the differing results in two cases,and then explores the reasoning of the two opinions.
Columns & Departments
Verdicts
Rulings of interest and importance to med mal attorneys.
Columns & Departments
Med Mal News
News from around the country.
Columns & Departments
Drug & Device News
Recent news and rulings of interest.
Changing Demographics, The EEOC, and National Origin Discrimination
The EEOC has included "Protecting Immigrant, Migrant and Other Vulnerable Workers" as a priority. Here's what you need to know.
Ex Parte Communication with a Physician
Learning and following each state's local requirements for ex parte contact is key in order to avoid legal and ethical issues in the future.
Features
Fifty Years Later: A New Wave of Thalidomide Litigation
The scourge of birth defects from Thalidomide in the 1950s and 1960s remains one of the worst pharmaceutical disasters ever. And now there's a wave of new litigation.
Judicial Scrutiny of 'Other Insurance' Clauses
In this article, the authors contrast the so-called minority approach to differing "other insurance" clauses with the approach generally described as the majority rule.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
