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Grand Jury Immunity and Section 1983 Actions
November 26, 2012
Two recent decisions addressed the scope of grand jury witness civil immunity in the context of 42 U.S.C. ' 1983 actions. They are discussed herein.
Losing Bidder Has Standing to Seek Reimbursement of Fees and Expenses
November 26, 2012
A New York bankruptcy court recently held that a losing acquiror in a competing Chapter 11 plan fight had "standing" to seek reimbursement of its legal fees and expenses as a "substantial contribution" to the reorganization case.
Valuation Litigation
November 26, 2012
The recent <i>In re Heritage Highgate, Inc.</i> decision provides important lessons to bankruptcy litigators addressing the shifting burdens of proof required in valuation litigation under Section 5 (a) of the Bankruptcy Code.
Dewey & Leboeuf Partner Contribution Settlement Agreements Seek to Avoid the Long and Winding Road of Law Firm Bankruptcies
November 26, 2012
This article explores the process by which the key parties-in-interest in this case successfully negotiated the Partner Contribution Settlements or PCPs, the rationale behind Bankruptcy Judge Glenn's approval of the PCPs, as well as some of the issues that the United States District Court for the Southern District of New York is currently considering on appeal.
<b><i>BREAKING NEWS:</i> </b><b>Hewlett-Packard Claims Autonomy Cooked Books</b>
November 21, 2012
Hewlett-Packard Co. said on Nov. 20 that it will take an $8.8 billion write down related to its purchase of Autonomy PLC and alleged that Autonomy executives committed accounting fraud to inflate the company's value during the sale.
In the Marketplace
November 19, 2012
Highlights of the latest equipment leasing news from around the country.
Equipment Finance Industry Compensation Increases for Second Consecutive Year
November 19, 2012
Sustained economic growth resulted in an increase in compensation among originators in the equipment finance industry in 2011, according to the 2012 Equipment Leasing &amp; Finance Compensation Survey from the Equipment Leasing and Finance Association and the performance reward consulting and benchmarking firm for the financial services sector, McLagan.
Expanding Your Business in an Emerging Market?
November 19, 2012
The opportunities in emerging markets are attractive, but only if your market strategy is carefully executed and monitored.
Leasing Fraud
November 19, 2012
In its recent decision in <i>SEC v. Apuzzo</i>, the U.S. Court of Appeals for the Second Circuit held that to prevail on a claim of aiding and abetting securities fraud under &sect; 20(e) of the Securities and Exchange Act of 1934, 15 U.S.C. &sect; 78t(e), the Securities and Exchange Commission need not demonstrate that the defendant's conduct proximately caused the primary violation.
A Lease Is a Lease Is a ' Loan? Avoiding Recharacterization
November 19, 2012
This article explores the impact of recharacterization, and discusses the tests developed by courts to determine whether a lease will be considered to be a secured loan. Then, a review of the most recent cases shows the characterization tests in practice.

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