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What's New in the Law
August 01, 2017
Who's doing what; who's going where.
Divorce and the Undocumented Spouse
August 01, 2017
<b><I>Part One of a Two-Part Article</I></b><p>Marriage to a U.S. citizen, by itself, does not confer legal status on an undocumented immigrant. However, a valid marriage — one not entered into for the purpose of evading immigration laws — can provide an avenue to legal status in some circumstances. Thus, if an undocumented immigrant gets divorced, she will generally lose that avenue.
DLA Piper Isn't Alone — 40% of Law Firms Unaware of Breaches
August 01, 2017
A survey of 200 U.S. firms found that many law firms are unprepared for cyber attacks, and it's hurting their standing with clients.
Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision
August 01, 2017
OnJune 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.
The Fork in the Road: The SEC and Preemption
August 01, 2017
<b><I>Part One of a Two-Part Article</I></b><p>With the preemption issue pretty well teed up, what do the courts say (to date)? A look at one recent ruling.
Confidential Lease Terms Versus Public Access to Government-Held Documents
August 01, 2017
Commercial landlords with multiple properties, or developments with more than one tenant, are generally loath to disclose to potential tenants the terms of leases into which they have previously entered. So, what happens when a government entity has demanded or been given a lease as part of a governmental process, such as when a landowner is seeking permission to build?
<b><I>Lyondell Chemical</I></b>: A Long and Winding Roadmap for Creditors in Leveraged Transaction Cases
August 01, 2017
In July 2009, the LyondellBasell Litigation Trustee commenced litigation arising out of the merger of Lyondell and Basell, seeking the recovery of billions of dollars for the benefit of unsecured creditors. And, as Bankruptcy Judge Martin Glenn observed, the Trustee "threw the kitchen sink" at the defendants. Eight years of litigation and two bankruptcy judges later, we have a decision.
Jury Verdict in Allman Film Fatality Trial To Be Appealed
August 01, 2017
CSX Railroad says it will appeal a Savannah, GA, jury verdict of $11.2 million rendered after a six-day trial stemming from the fatal train accident on the set of the film Midnight Rider of which CSX Railroad is required to pay $3.9 million according to the jury's apportionment.
Court Holds That Deposits Would Be Hypothetical
August 01, 2017
In a recent ruling, the Ninth Circuit held that bankruptcy courts may permissibly engage in "hypotheticals within hypotheticals" so long as the inquiry is factually warranted and is supported by appropriate evidence, and provided further that the hypothetical action would not contravene any other provision of the Bankruptcy Code.
Bankruptcy Litigation Update: Determining Adequate Capital
August 01, 2017
This article focuses on the concept of "unreasonably small capital," which is not defined in the Bankruptcy Code or applicable state statutes. Consequently, the determination of adequate capital is fact-intensive and fertile grounds for litigation.

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