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.
Features
Federal Courts Continue to Decide California Anti-SLAPP Motions, Despite Criticism
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
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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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 ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.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 ›
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