Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
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Chinese Manufacturing and Imports
May 27, 2008
All companies must live with the risks and uncertainties inherent in their businesses. Doing business with Chinese manufacturers, however, recently has proven to be more risky than some companies had anticipated.
Attorney-Client Privilege in Corporate Internal Investigations
May 27, 2008
Corporate scandals over the past decade have led to an encyclopedia of new statutes, regulations, initiatives, and programs, at the state, federal, and global levels. Corporations have responded with new or revised ethics codes and rules governing business conduct. Along with this mass of law, corporations have been expected to police themselves through stringent compliance and reporting programs. The current business cycle may make compliance efforts even more difficult.
What the Subprime Crisis Could Mean for Your Company
May 27, 2008
The continuing economic crisis, driven in large measure by the subprime mortgage meltdown, is affecting major segments of the economy. Not a day goes by that there is not something in the press regarding the effects of billions of dollars of mortgage failures. Criminal investigations into all industries involved in the process are underway. The Department of Justice is considering creating a task force, much in the same way the Bush Administration created the Corporate Fraud Task Force in the aftermath of the Enron failure.
Monitoring Outside Litigation Counsel
May 27, 2008
This is the second in a series of articles discussing how in-house counsel can better manage litigation matters.
401(k) Participants May Sue for Breach of Fiduciary Duty
May 27, 2008
In a closely watched case arising under the Employee Retirement Income Security Act of 1974, as amended ('ERISA'), the U.S. Supreme Court recently clarified the right of employees to sue plan fiduciaries for mismanaging their individual 401(k) accounts. <i>LaRue v. DeWolff, Boberg & Associates, Inc.</i>, 128 S. Ct. 467, 42 EBC 2857 (2008)
When Is a Settlement Binding?
May 27, 2008
On April 5, 2007, the Court of Appeals voided a decade-old court-ordered stipulation that had settled a contested litigation over a rent-stabilized apartment. The landlord in <i>Riverside Syndicate Inc. v. Munroe, et al.</i> 10 N.Y.3d 18, was allowed to renege on a settlement on the theory that the stipulation violated public policy and unlawfully waived the tenant's rights. The ramifications of this ruling are extraordinary. A party to a court ordered settlement can reap the benefits for as long as is opportune (the court ruled that there is no applicable statute of limitations).
Mixed-Use Communities: The Residential Tenant's Perspective
May 27, 2008
Before committing to membership in a mixed-use community, potential tenants should carefully review the terms contained in the community's declaration of protective covenants, conditions, restrictions, and easements. This article enumerates significant considerations that should be examined when reviewing the declarations.
Attorney-Client Privilege
May 27, 2008
This article examines two issues that can arise when a company and its former officer or director are adverse to each other and one seeks access to potentially privileged documents of the other.
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