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Strategy for the Secured Creditor in a Single Asset Real Estate Case
March 30, 2009
The Bankruptcy Code ' 362(d)(3) provides unique grounds for stay relief by permitting a creditor secured by a bankruptcy debtor's "single asset real estate" to pursue an act against the property as early as 90 days after the case's filing. To take full advantage of this provision, however, secured creditors should carefully manage the dual time frames set forth in this Bankruptcy Code section.
Companies Filing for Bankruptcy, and SEC Fraud Enforcement Actions
March 30, 2009
A recent study found that companies filing for bankruptcy protection were three times more likely than non-bankrupt companies to face enforcement action by the Securities and Exchange Commission (SEC) relating to alleged financial statement fraud.
How to Identify a Non-Statutory Insider
March 30, 2009
Recently, the Third Circuit Court of Appeals affirmed the lower courts' rulings that a public company was an insider of another non-affiliated public company and was therefore required to return a $188.2 million payment made over four months before the debtor's bankruptcy filing. This decision, illustrates how critical it is for lenders and vendors to conform their conduct toward troubled companies so as to reduce their risk of being deemed non-statutory insiders.
The Myth of Certainty
March 30, 2009
In the constantly evolving world of e-commerce, legal contracts may be no more credible than tidbits found in the muck of online fact, fiction and plain nonsense that make sites such as Snopes.com so vital to separating Internet reality from Internet fraud. The truth is that no matter how well an attorney writes a contract, or Web site terms and conditions, another attorney can usually find a way to attack what the first one wrote.
Music Fans May Help Settle the Score in <i>Satriani v. Coldplay</i> Infringement Suit
March 30, 2009
A recently filed music copyright suit in the U.S. District Court for the Central District of California ' <i>Satriani v. Martin</i>, ' has revealed a new and unexpected application for the Web, namely, its potential as a forum for infringement analysis by amateur musicologists. Long before any party to this litigation will be required to submit expert reports or summary judgment briefs, YouTube postings have offered remarkably insightful analyses of the strengths and weaknesses of the parties' respective cases.
e-Commerce Docket Sheet
March 30, 2009
QVC to Pay $7.5 Million to Settle Charges That It Aired Deceptive Claims <br>Credit Repair Companies Charged with Deceiving Consumers
e-Commerce Companies v. Hackers
March 30, 2009
The 21st century is clearly the age of cybercrime, and e-commerce companies of all stripes should be especially concerned because there are only two types of computer systems: those that have been hacked, and those that will be hacked.
Avoiding Dysfunctional Litigation
March 30, 2009
Attempts by plaintiffs in product liability actions to bootstrap consumer fraud claims to obvious claims of product defect must be rejected wholesale by the American judicial system. The author discusses why.
Jungle to Desert: Defending the Government Contractor
March 30, 2009
The key factor in succeeding with either the government contractor defense or the combatant activities exception is the ability to establish that the government exercised its discretion over the manner in which the contract was performed. A look at recent cases demonstrating that these defenses are invaluable tools in defending a broad range of claims against government contractors.
Defending Against Trade Secret Misappropriation Lawsuits
March 30, 2009
There are several often-overlooked strategies for defending against trade-misappropriation claims. The first I call the Trade Secret Per Se Doctrine. The second pertains to open-source software. Both of these strategies need to be fully considered in appropriate trade-secret misappropriation cases, to which e-commerce counsel are no strangers.

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