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Court Expands Use of Average Lateness Methodology
December 31, 2014
Two recent decisions from the United States Bankruptcy Court for the Southern District of New York affirmed the use of "average lateness" methodology to examine both the subjective and the objective components of the ordinary course of business defense to preference actions. This article discusses the significance of these decisions.
Consolidation in Arbitration
December 31, 2014
Consolidation is one of several ongoing battlefields in the development of arbitration in America. Consolidating arbitrations among different parties can reduce costs, enhance efficiency and avoid inconsistent decisions. In practice, however, attempts to consolidate arbitrations without the consent of affected parties has resulted in costly litigation, long delays, and legal uncertainties that undermine the benefits of arbitration.
Saving Agreements with Defective or Missing Temporary Maintenance Agreements
December 31, 2014
The author concludes this three-part article with more suggested arguments for saving a temporary maintenance agreement that does not contain the language and recitations required by subdivision 5-a(f) of DRL ' 236B.
<b><i>Business of Branding</i></b>: The Grand Rebrand
December 31, 2014
All rebranding projects are unique ' no two are the same. Here are a few tips that will help make your rebranding project ' should you dare to take one on ' a success.
UCC-3 Termination Statements
December 31, 2014
In a recent case, two large law firms and a major corporation failed to scrutinize a UCC-3 termination statement and may have inadvertently allowed $1.5 billion in indebtedness to become unsecured.
The Impact of Bad-Faith Arguments on Forum Battles
December 31, 2014
Policyholders and insurers alike regularly find themselves in protracted forum battles because, rightly or wrongly, the parties view choice of forum as having a major impact on the choice of state law to be applied to important coverage issues.
Bit Parts
December 24, 2014
Former Blue Notes Member Loses Suit Over DVD of Soul Train Performances<br>"Whoomp!' Song Rights Go To Alvert Music.
<b><i>Online Extra</b></i> Google GC Calls Out MPAA 'Secret' SOPA Campaign
December 24, 2014
The movie industry was already having a bad week with the Sony hacking and then the fallout between North Korea and Hollywood over 'The Interview.' Now Kent Walker, Google Inc. senior vice president and general counsel,'has spoke out against the Motion Picture Association of America'in a blog post on Dec. 18. He says he is 'deeply concerned' about reports the MPAA has led a secret campaign to revive failed Stop Online Piracy Act (SOPA) legislation. '
<B><I>Online Extra</i></b>High Court Weighs Online Speech Protections
December 01, 2014
In their latest foray into new media, several U.S. Supreme Court justices'on Dec. 1 appeared ready to consider'angry Facebook rants as a form of expression that should be protected by the First Amendment.
Captive Insurance Arrangements
November 30, 2014
Companies that use captive insurance companies to manage risk are increasingly being victimized by excess insurance companies and reinsurers that participate in their insurance programs. But captives and their owners can proactively avoid some of these common pitfalls.

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