Features
Tax Considerations of FCPA Violations
Last month, the authors began examination of some of the tax consequences of violations of the FCPA. They continue with that discussion herein, with a look at civil penalties.
New Legal Risks
The authors analyze the "Petri dish of anger" against the financial services sector.
Difficult Issues: Indemnification and Fee-Advancement
Once an investigation or major lawsuit starts up, corporate personnel are sure to be involved and, consequently, the difficult issues surrounding indemnification and advancement will undoubtedly arise.
Features
Circuit Clarifies Parent Defense Under the Child Abduction Law
The one-year period that must expire before a parent in an international custody dispute can raise the defense that a child is settled in his or her new country cannot be equitably tolled, the Second U.S. Circuit Court of Appeals ruled on Oct. 1.
Consumers Allege Pulp Fiction in Tropicana's 'Natural' Claims
A look at a recent suit involving Tropicana orange juice advertising claims.
Features
Practice Tip: Undoing Pliva Inc. v. Mensing
Congress is discussing taking away generic drug manufacturers' labeling litigation shield.
Features
The PPACA 's 'Physician Payment Sunshine Provisions'
The U.S. Supreme Court's decision upholding the Patient Protection and Affordable Care Act (PPACA) may be one of the most controversial and talked-about legal decisions. But one of the most contested provisions of the Act ' a mandate known as the "Physician Payment Sunshine provisions" may have larger implications for pharmaceutical companies and others.
Features
Creating a Culture of Leaders
This article examines how the author's law firm encouraged a culture of leadership by providing access to leadership development training across all disciplines and levels of experience.
The 'Unfinished Business' of Failed Law Firms
Recently, two New York federal district courts reached conflicting decisions in the Coudert and Thelen bankruptcy cases with respect to a law firm's purported ownership interest in future profits from its former clients' matters pending on the date of the law firm's dissolution, or "unfinished business."
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- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
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- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›