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We found 1,181 results for "The Bankruptcy Strategist"...

The Kodak Bankruptcy
March 27, 2012
On Jan. 18, 2012, Eastman Kodak Company and 15 of its affiliates filed voluntary Chapter 11 petitions in the Bankruptcy Court for the Southern District of New York. The sale of intellectual property figures prominently into Kodak's plans for reorganization.
Full Recourse Enforcement of Non-Recourse Loans
March 27, 2012
Two recent cases from Michigan could have far-reaching implications nationwide regarding the enforceability of non-recourse loans as fully recourse.
On the Move
February 27, 2012
Who's doing what; who's going where.
Offshore, But Not Off-Center
February 27, 2012
The recent insolvencies of offshore-based mutual funds have presented challenges for international comity when it comes to the complex issues of cross-border insolvency.
Choppy Waters in the Safe Harbor for Shareholders of Failed LBOs?
February 27, 2012
In this latest round of bankruptcies following failed leveraged buyouts (LBOs), former shareholders must ask themselves whether the safe harbor of Section 546(e) of the Bankruptcy Code really is as calm as it appears ...
Update on Bankruptcy Preference Insider Liability
February 27, 2012
The Seventh Circuit recently held that a minority member of a limited liability company (LLC) was a "statutory insider" for purposes of bankruptcy preference liability. Here's a look at the case.
On the Move
January 30, 2012
Who's going where; who's doing what.
S.D.N.Y. Endorses Commonly Used Procedures for Providing Adequate Assurance to Utility Providers
January 30, 2012
At least one United States District Court has approved of specific procedures to adequately assure utility providers of payment following a bankruptcy filing.
Debtors May Benefit from ' 363 Protections Post-Confirmation
January 30, 2012
Capmark's sale of its remaining Low-Income Housing Tax Credit Business is a recent example of the approval of a sale of assets under ' 363 of the Bankruptcy Code following the confirmation of a debtor's plan.
De Facto Chapter 11 for the Unconsolidated 'Identity of Interest' Enterprise (Case Study)
January 30, 2012
Sometimes a lethal combination of a proceeding's cost and deleterious operational effect will result in forced liquidation rather than restructure. Such was the dilemma faced by economically troubled GGI in June 2010.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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