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Should the United States Be Doing This?
October 28, 2013
A decision earlier this year on a motion to dismiss the complaint filed by the defendants in the case entitled <I>Security and Exchange Commission v. Elek Straub et al.</I> sustains the global reach of the FCPA.
Mind Your Flanks
October 28, 2013
This article describes the range of potential collateral litigation and sets out a series of considerations for counsel as they manage FCPA actions.
FIRREA: Everything Old Is New Again
October 28, 2013
Recent years have seen significant refocus of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA). statute. Stepped-up enforcement is here to stay.
Seventh Circuit Reverses 'Inconsistent' District Court Fraudulent Transfer and Equitable Subordination Ruling
October 28, 2013
An in-depth analysis of the Seventh Circuit's ruling in <I>In re Sentinel Management Group, Inc.</I>
Prepayment Premiums and Make-Whole Payments
October 28, 2013
In the bankruptcy context, a prepayment premium will rarely be triggered by the debtor's voluntary prepayment of debt. Here's why.
Recharacterization: The Debate
October 28, 2013
Historically, courts were divided as to whether bankruptcy courts had the power to recharacterize purported debt as equity. That debate has essentially ended and the general consensus is that bankruptcy courts can do so.
Movers & Shakers
October 02, 2013
John B. Sivertsen has joined Ranstad North America as its associate general counsel.
It's a Licensee Eats Licensee World. Or Is It?
October 02, 2013
With the predominance of Internet marketing now continuously eroding what might be considered the traditional geographic "territories" of different licensees, the potential for conflict only becomes more acute.
U.S. Supreme Ct. Asked to Consider Laches Issue in <i>Raging Bull</i> Case
October 02, 2013
Frank "Peter" Petrella helped world middleweight champion Jake LaMotta teach actor Robert De Niro how to box for the Academy Award-winning film <i>Raging Bull</i>. Now Petrella's daughter is taking those fight lessons into a different arena ' the U.S. Supreme Court.
Federal Courts Continue to Decide California Anti-SLAPP Motions, Despite Criticism
October 02, 2013
Ninth Circuit federal appeals court Chief Judge Alex Kozinski recently questioned whether federal courts should hear motions to strike under California's "ant-SLAPP" statute. He wrote that the state statute "cuts an ugly gash through" the "integrated program of pre-trial, trial and post-trial procedures" set out in the Federal Rules of Civil Procedure.

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