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Features

Mind Your Flanks

David S. Krakoff, James T. Parkinson & Bradley A. Marcus

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

Jonathan S. Feld, Edward W. Somers & Kara B. Murphy

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

Michael L. Cook

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

Joel H. Levitin

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

James B. Sowka & Steven Schwartz

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

ALM Staff & Law Journal Newsletters

John B. Sivertsen has joined Ranstad North America as its associate general counsel.

Features

It's a Licensee Eats Licensee World. Or Is It?

Scott J. Slavick

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

Marcia Coyle

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.

Features

Federal Courts Continue to Decide California Anti-SLAPP Motions, Despite Criticism

Stan Soocher

Ninth Circuit federal appeals court Chief Judge Alex Kozinski recently questioned whether federal courts should hear motions to strike under California's "ant-SLAPP" statute. He wrote that the state statute "cuts an ugly gash through" the "integrated program of pre-trial, trial and post-trial procedures" set out in the Federal Rules of Civil Procedure.

Change to Grow, Lead to Change

Brian Schnell

Many franchise executives spend most, if not all, of their time working in their businesses and their franchise systems. They have few opportunities to get together with other franchise executives and exchange best practice ideas and solutions for their major challenges.

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