Parameters of the Witness No Contact Rule
March 29, 2011
This article articulates some of the common issues that a lawyer should consider under Model Rule 4.2, but the manner in which Model Rule 4.2 is applied across different jurisdictions may vary.
Reviving the Not'Quite Dead
March 29, 2011
Congress passed the Restore Online Shoppers' Confidence Act ("ROSCA") to great public acclaim late last year. But was the new law necessary? Dictionary.com defines restore in several parts, but all refer to bringing back something "lost" or "dead." Looking at recent online business statistics, though, how can anyone reasonably believe that online shopping was "lost" or "dead," much less in need of the "restoration" desired by the new law's authors?
Assumption of Liabilities
March 28, 2011
A buyer purchases certain assets and assumes certain liabilities of a seller under an asset purchase agreement. However, after the transaction closes, the buyer files for bankruptcy under Chapter 11 of the Bankruptcy Code and eventually rejects the asset purchase agreement. From a deal lawyer's perspective, the issue is: What impact does the bankruptcy filing and the contract rejection have on the carefully drafted, thoroughly negotiated asset purchase agreement?
Assumption of Liabilities
March 22, 2011
What impact does a bankruptcy filing and a contract rejection have on a carefully drafted, thoroughly negotiated asset purchase agreement? A look at a recent ruling.
'Tangible Property' Defined in the Computer Age
March 22, 2011
Companies are looking to insure against claims raised by users viewing or otherwise accessing a company's Internet Web sites and advertisements for damage to hardware, data, information, and other computer components.
Practice Tip: Flawed CPSC Product Hazard Database
March 18, 2011
The new CPSC database "may unnecessarily alarm both consumers ... and manufacturers, whose reputations will be tarnished by rumors, unfounded allegations, and outright fabrications."
Food-Related Liability
March 18, 2011
This article examines recent notable lawsuits involving packaged and restaurant food items.
