Columns & Departments
In the Courts
Analysis of a recent court ruling involving Extraterritorial Securities Fraud.
Features
Should the United States Be Doing This?
A decision earlier this year on a motion to dismiss the complaint filed by the defendants in the case entitled <I>Security and Exchange Commission v. Elek Straub et al.</I> sustains the global reach of the FCPA.
Features
Mind Your Flanks
This article describes the range of potential collateral litigation and sets out a series of considerations for counsel as they manage FCPA actions.
FIRREA: Everything Old Is New Again
Recent years have seen significant refocus of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA). statute. Stepped-up enforcement is here to stay.
Features
Seventh Circuit Reverses 'Inconsistent' District Court Fraudulent Transfer and Equitable Subordination Ruling
An in-depth analysis of the Seventh Circuit's ruling in <I>In re Sentinel Management Group, Inc.</I>
Prepayment Premiums and Make-Whole Payments
In the bankruptcy context, a prepayment premium will rarely be triggered by the debtor's voluntary prepayment of debt. Here's why.
Features
Recharacterization: The Debate
Historically, courts were divided as to whether bankruptcy courts had the power to recharacterize purported debt as equity. That debate has essentially ended and the general consensus is that bankruptcy courts can do so.
Columns & Departments
Movers & Shakers
John B. Sivertsen has joined Ranstad North America as its associate general counsel.
Features
It's a Licensee Eats Licensee World. Or Is It?
With the predominance of Internet marketing now continuously eroding what might be considered the traditional geographic "territories" of different licensees, the potential for conflict only becomes more acute.
U.S. Supreme Ct. Asked to Consider Laches Issue in <i>Raging Bull</i> Case
Frank "Peter" Petrella helped world middleweight champion Jake LaMotta teach actor Robert De Niro how to box for the Academy Award-winning film <i>Raging Bull</i>. Now Petrella's daughter is taking those fight lessons into a different arena ' the U.S. Supreme Court.
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