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

Recharacterization: It's Not All About Equity or Insiders
October 20, 2011
In <i>Lothian Oil</i>, discussed herein, the Fifth Circuit considered for the first time whether a bankruptcy court has the power to recharacterize debt as equity.
Bankruptcy Court Denies Confirmation of WaMu's Plan of Reorganization
October 20, 2011
Sending the debtors back to the drawing board after almost three years in bankruptcy, the bankruptcy court has for the second time denied confirmation of the Plan of Reorganization for Washington Mutual, Inc. ("WaMu").
Bankruptcy Claims Traders Alert
September 28, 2011
The Seventh Circuit recently affirmed a ruling that the purchaser of a claim based upon an executory contract that was ultimately rejected by a Chapter 11 DIP is not entitled to cure amounts as part of its allowed claim.
On the Move
September 26, 2011
Who's going where; who's doing what.
Low Man on the Totem Pole
September 26, 2011
Subcontractors are the most vulnerable and exposed parties in the contractual chain, more likely to be blindsided by a bankruptcy filing.
Presenting Bankruptcy Concepts to Juries
September 26, 2011
A common belief among bankruptcy practitioners has been that disputed matters invariably sound in equity, thus posing very little danger that an attorney would ever encounter a jury. But juries can appear where one least expects them.
Innocent Investors in Ponzi Schemes Should be Entitled to Equitable Credit
September 26, 2011
Investors deceived by a Ponzi scheme typically suffer two blows. First, they learn that they may recover only a fraction of their investment ... and second, they are also likely to be sued in so-called "claw-back" lawsuits.
Early Dismissal Strategies When Dealing with a Dishonest Plaintiff
September 26, 2011
While there sometimes is nothing that can be done about a dishonest plaintiff other than to attack his/her credibility in front of a jury, it is critical to ensure that all early dismissal strategies are explored before reaching the dispositive motion stage of case.
On the Move
August 29, 2011
Who's doing what; who's going where.
The Uncertain World for Individual Chapter 11 Debtors
August 29, 2011
Recent cases have made the reorganizations of individual Chapter 11s in some jurisdictions as difficult as prior to the BAPCPA. This article discusses the major uncertainties that currently exist in these types of cases.

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    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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