Substantive Non-Consolidation Opinion Letters
<b><I>Considerations for Bankruptcy Counsel</I></b><p>Substantive non-consolidation opinion letters have long been a regular “check-the-box” item in large commercial real estate transactions. While substantive consolidation jurisprudence has not changed materially over the past decade, these opinion letters should not be treated lightly by borrowers or their counsel.
Development
Analysis of cases involving the Open Meetings Law, parkland fees, development fees, and a challenge to an ordinance's constitutionality.
The Latest Trend in Employment Law: Banning Salary History Inquiries
Add salary history to the growing list of inquires off limits to those who interview and evaluate prospective job candidates. Several cities and states have passed legislation that, broadly, prohibits a prospective employer in the private sector from asking questions about an applicant's compensation history.
<b><i>Online Extra</b></i><br> Disney, App Partners Hit With Suit Under Child Privacy Law
The Disney Princess Palace Pets app allows children to play with, bathe and accessorize about 10 different virtual pets. Sounds innocent enough. But according to a new lawsuit, The Walt Disney Co. and its software partners are illegally using the app — and dozens of others aimed at kids — to track the online activity of youngsters to serve them targeted ads.
In the Courts
A look at a case in which the first trader charged and convicted under Dodd-Frank's anti-"spoofing" provision lost his appeal at the U.S. Court of Appeals for the Seventh Circuit.
A Broadening Consensus to Narrow Asset Forfeiture
When Attorney General Jeff Sessions announced in July that the federal government planned to again emphasize the pursuit of civil asset forfeitures, an issue moved to the front burner for health care providers and their advisers: If the federal (or state) government decides to pursue a case against a care provider or medical practice, it can seize the alleged culprit's property, even before conviction.
The Uses of Prior Conduct in Copyright Cases
<b><i>The Lessons of History</b></i><p>In the context of a copyright case, a defendant's prior bad acts and prior conduct are more useful to a plaintiff than is typical in civil litigation.
