Columns & Departments
In the Courts
Analysis of a recent case involving allocution.
Features
The Complications of Full Disclosure
When does disclosure to the government potentially waive the attorney-client privilege or work product protection, and is the risk of waiver worth the disclosure?
Features
Extraterritorial Application of the Securities Fraud Statute
A recent decision from the Second Circuit limits the government's ability to prosecute securities fraud to those cases involving a domestic security.
Features
Brazil Enacts Long-Pending Anti-Corruption Legislation
Brazil has adopted sweeping anti-corruption legislation, a direct answer to acute pressures mounting within Brazil and around the world.
Features
Prepayment Premiums and Make-Whole Payments
Part Two of an in-depth analysis begun last month.
Features
Involuntary Bankruptcy Standard
A judgment creditor that is considering filing an involuntary bankruptcy petition against a debtor should consult venue-specific controlling law if the debtor has appealed the judgment. Depending on the jurisdiction, the debtor's appeal may or may not be a factor for the bankruptcy court to consider in determining whether the creditor's claim meets the involuntary petition requirements of the Bankruptcy Code. '
Features
In What State Is the Harm Felt When a Derivative Suit Is Pursued By Creditors?
Can a trustee of a litigation trust created under a plan sue in a U.S. bankruptcy court the directors and officers of a non-debtor Canadian parent, when many of the defendant D&Os had rarely set foot in the forum state?
Features
'Obamacare': Delayed But Not Dead
This article analyzes some of the biggest issues large and small employers need to address regarding the Affordable Care Act.
Fending Off Appointment of a Receiver
While a national tenant may file for bankruptcy, the landlord is left having to service the mortgage without cash-flow from that tenant or any ability to commence an eviction or related action as a result of the automatic stay.
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