Forfeiture: A Primer on Proceeds
The U.S. Court of Appeals for the Second Circuit has become the second court of appeals to reject the government's broad interpretation of the statute defining "proceeds" for purposes of federal forfeiture proceedings.
FCPA: Were the Sting Trials Doomed from the Start?
The authors had a front-row seat to the challenges the government faced in the FCPA Sting trials ' they represented a client in the second trial.
Features
D&O Insurance Issues in Bankruptcy
In a D&O policy, the definition of "Claim" can significantly affect the scope of coverage. Disputes can arise when the insured, whether voluntarily or involuntarily, files for bankruptcy or becomes insolvent.
Unscheduled Rights of Action
Debtors occasionally attempt to assert property rights that existed at the time of their bankruptcy filing. When those rights were not fully disclosed in the debtor's schedules, there is a problem.
Disagreement over Absolute Assignments of Rents Reappears
Reviewing the impact under New York law of what appeared to be absolute assignments of rents, and whether Chapter 11 debtors can spend property rents to support their reorganization efforts despite such assignments.
<b><i>BREAKING NEWS:</i> Networks Prevail in Copyright Dispute over Online Service</b>
The U.S. Court of Appeals for the Second Circuit on Aug. 27 barred a company that streams live TV shows over the Internet from continuing to transmit the programming, finding that to hold otherwise would 'destabilize [an] entire industry' and inflict irreparable damage on the networks.
<b><i>BREAKING NEWS:</b></i> Apple Wins Big in Trial Against Samsung
If the verdict Apple obtained on Aug. 24 against Samsung in their smartphone and tablet trial isn't chopped down in post-trial motions or on appeal, it will stand as the largest patent verdict in history.
ABA Survey Shows Growth in Lawyers' Social Media Use
News flash: More lawyers are using social media! OK, we all knew that. But it's always nice to see some numbers that give us a sense of where we are. The recently published <i>2012 ABA Legal Technology Survey Report</i> on Web and communication technology does that.
Case Briefs
Highlights of the latest insurance cases from around the country.
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- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›