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How Are China's Arbitration Agreements and Awards Enforced in U.S. Courts?
October 14, 2016
Much has been written regarding the enforcement of foreign arbitral awards in China, but relatively little consideration is given to the treatment in U.S. courts of awards entered by the China International Economic and Trade Arbitration Commission (CIETAC), or to the enforcement of CIETAC arbitration agreements.
The Troubled Energy and Production (Oil and Gas) Sector
October 14, 2016
The oil and gas exploration sector in North America has been crushed by high debt, globally low oil prices and regional overcapacity. The result: Over 100 oil and gas exploration and production companies have filed for bankruptcy over the past 18 months, and dozens more are expected to follow.
Privacy and Security of Personal Information Collected by Benefit Plans
October 14, 2016
High profile cyberattacks and data breaches have become routine occurrences. Cyber threats are so pervasive that many privacy and security experts advise that responsible parties ' like fiduciaries of employee benefit plans ' should prepare for <i>when</i> a data breach occurs, not </i>if</i>. Plan sponsors and fiduciaries should be aware of, and address, security and privacy issues in connection with personal information.
Outsourcing Is No Longer a Four Letter Word
October 14, 2016
With 70% of law firms outsourcing a portion of their back office and 45% considering outsourcing some middle office functions, it is clear that outsourcing is on the rise in law firms. This is because, when executed correctly, it can be an excellent management tool to increase service levels, broaden talent and manage costs.
Retiring Boomers Pose Big Challenges For Firms
October 14, 2016
On June 30, securities litigator James Benedict, 66, walked out of his office at Milbank, Tweed, Hadley &amp; McCloy for the last time as a partner and caught a plane to Vail, Colorado, to begin the next chapter of his life.
Notice Requirement Clarified for Successor Liability Protection in Chapter 11 Asset Sale Orders
October 14, 2016
A bankruptcy court's asset sale order limiting specific pre-bankruptcy product liability claims required prior "actual or direct mail notice" to claimants when the debtor "knew or reasonably should have known about the claims," held the Second Circuit in July.
<b><i>Millennium Lab</i></b>
October 14, 2016
Prepetition, Millennium Lab Holdings II, LLC, Millennium Health, LLC, and RxAnte, LLC reached a settlement with various government entities relating to, among other things, claims against the Debtors for violations of the Stark law, Anti-Kickback Statute and FCA. Here's a discussion of this pivotal case.
Bankruptcy Code, International Trade Treaty Collide over Expense Status
October 14, 2016
It is inevitable that the Bankruptcy Code will sometimes intersect with international trade law, as it has done for decades with domestic commercial law. Those three domains recently came together in the context of a creditor's Section 503(b)(9) administrative expense claim, and a federal district court was called upon to sort out which body of law took precedence.
Going Green in Commercial Leasing
October 14, 2016
Millennials have started altering consumer trends and pushing for sustainable offerings. In this environment, it becomes important for landlords and tenants alike to make a large, positive environmental impact by constructing and leasing facilities that are more energy efficient.
Defining 'Occurrence' in Insurance Can Have Major Impact in Recovery
October 14, 2016
Occurrence" in an insurance policy is a fickle word. Sometimes it means only one. Other times it means many. Moreover, courts may treat the meaning of "occurrence" differently depending on whether it is an occurrence in a first-party property damage claim or in a third-party liability claim.

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