COMI (center of main interests) becomes a challenge when a debtor ' whether company or individual ' is effectively multi-national, an increasingly common circumstance.
- June 21, 2013Kevin P. Ray
A recent Supreme Court ruling means that all prior lower court decisions addressing the mental state requirement for defalcation have little or no precedential value.
June 21, 2013Thomas M. ByrneThe U.S. Bankruptcy Appellate Panel (BAP) for the Eighth Circuit recently held that a lender "lost its possessory lien when it turned the Debtor's account funds over to the Trustee without first seeking adequate protection."
June 21, 2013Lawrence S. Goldberg, David M. Hillman and Michael L. CookUK Lord Justice Jackson's case management and litigation cost reforms are the most earth-shattering developments in recent UK civil procedure history, with serious ramifications that extend across the pond to U.S. companies.
June 20, 2013Michael Flanagan and Adrian WhiteWith the 2010 Dodd-Frank Act, and "conflict minerals" has become a household word. Here's how to comply with the SEC's Conflict Minerals Rule.
June 20, 2013Barbara A. JonesThe NLRB has revisited an age-old doctrine to define a new role for itself that will ensure continued viability outside the context of organized labor. That doctrine is "concerted protected activity,"
June 20, 2013Steven M. BernsteinThis edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between May 1 and July 1, 2013 as well as some recent cases of interest, including two from the Delaware Supreme Court.
June 20, 2013Sandra FeldmanIn recent years, the SEC has brought far fewer revenue recognition and other financial reporting cases than it had historically. That leads us naturally to wonder whether this trend will continue in the future. Not likely.
June 20, 2013Jodi E. LopezThe authors feel it is critical to recognize that a child-centered custody or visitation proceeding does not translate into a due process deprivation for either parent.
June 19, 2013Glenn Metsch-Ampel and Karen J. FreedmanThe ongoing disparate treatment of attorneys for the children versus those of the parents, though perhaps well-intentioned, violates the parents' right of due process and too often over-empowers children.
June 19, 2013Lee Rosenberg

