Features
Do Actions Speak Louder than Words?
Extrinsic evidence of past policy interpretation may take many forms, and one form is evidence of the parties' own course of performance with regard to the insurance policies at issue.
Features
Heading for the Exits
This article discusses select leasing issues from recent investment sales transactions, and suggests drafting pointers that can be used to avoid or limit the negative impact these issues may have on the sale of a property.
Columns & Departments
Business Crimes Hotline
A discussion of recent key litigation.
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.
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