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May 18, 2012 Executive to Serve Prison Time For Altering Documents Submitted During Merger Investigation Briefings
May 17, 2012 Federal Law Trumps: Third Circuit Reaffirms that Section 1123(a)(5)(B) of the Bankruptcy Code Preempts Anti-Assignment Provisions in Insurance Policies Publication
May 16, 2012 Eleventh Circuit Upholds Bankruptcy Court’s Fraudulent Transfer Ruling in TOUSA Publication
May 15, 2012 Fracking Suit Dismissed Due to “Missing Links in the Change of Causation” Publication
May 15, 2012 RadLAX: Further Insight on How the Supreme Court May Approach Credit Bidding Publication
May 14, 2012 Delaware Chancery Court Ruling Underscores Importance of Non-Disclosure Agreements: Martin Marietta Materials, Inc. v. Vulcan Materials Company Briefings
May 14, 2012 Sellers Celebrate: Delaware Bankruptcy Court Confirms that Assumption and Assignment of an Executory Contract Offers Protection from Preference Claims Publication
May 11, 2012 Rev. Rul. 91-32 May Be Granted Authority — 20-Plus Years Late Publication
May 11, 2012 Southern District Stern Review: Rakoff Rules that Fraudulent Transfer Actions Belong in Bankruptcy Court, But Only for Reports and Recommendations Publication
May 11, 2012 Supreme Court Permits Generics “Use” Challenge Publication
May 10, 2012 Chapter 15 Offers Safe Harbor But Not Complete Refuge From Foreign Court Rulings Publication
May 9, 2012 California Supreme Court Clarifies Meal and Rest Break Rules, but Risks Remain Publication
May 9, 2012 Thanks a Trillium! English High Court holds that a run off of liabilities in England does not comprise “economic activity,” a necessary component of the definition of “establishment” required to provide the English courts with jurisdiction to open secondary insolvency proceedings. Publication
May 8, 2012 Eleventh Circuit Holds that Indenture’s “No-Action” Clause Bars Fraudulent Transfer Actions by Individual Noteholders Publication
May 8, 2012 Failing to Cooperate in Preservation Disputes May Bear a Hefty Price Tag eDiscoverings
May 4, 2012 Imposing Dram Shop-Type Liability On Pharmacists? Publication
May 4, 2012 One Plus One … Plus One, Equals One: What Constitutes a “Single Project” in the Single Asset Real Estate Context? Publication
May 4, 2012 Repetitive Class Actions Continue to Pose Problems Publication
May 3, 2012 Professional Troubles: Payment of Retainers by Third Parties May Be Permitted, But Nondisclosure Is Costly Publication
May 2, 2012 Contract Claims Not Necessarily an Ace for Parties Challenging Bankruptcy Court Jurisdiction Under Stern Publication
May 2, 2012 FTC Issues Final Report Outlining Best Practices For Businesses To Protect Consumers’ Privacy Publication
May 1, 2012 "Notwithstanding Section 510(a)..." – Tribune’s Bankruptcy Court Holds that Contractual Subordination Should Note Be Considered in Unfair Discrimination Analysis Publication
May 1, 2012 A SIFI In Three Easy Steps? FSCO Approves Final Rule For Nonbank SIFI Designations Publication
May 1, 2012 FDA Proposes Draft Guidelines for Nanotechnology in Food and Cosmetics Publication
May 1, 2012 Social Media: What Boards Need to Know Publication
2012 The International Comparative Legal Guide to Securitisation 2012 - England & Wales Publication
April 30, 2012 Ponzi Plaintiffs Pursue Payment in Third-Party Proceeding, Southern District Sustains Stay of Suit Publication
April 27, 2012 UK Pensions Regulator Packs its Punches in Box Clever (and news of the next bout in the UK Lehman/Nortel pensions proceedings in the Supreme Court) Publication
April 25, 2012 Second Circuit Circumscribes 524(g) Protection for Non-Debtors Publication
April 24, 2012 United States Supreme Court Hears Oral Argument on RadLAX Case Publication
April 20, 2012 A Unanimous Supreme Court Limits Liability Under the Torture Victim Protection Act Publication
April 20, 2012 Did Your Notary Swear It to Be True? If Not, Your Affidavit May Be Invalid Publication
March - April 2012 California Implements Wage Theft Prevention Act, Which Will Impose Significant New Burdens on Employers Employer Update
March - April 2012 EEOC Issues Final Rule Concerning Disparate Impact and Reasonable Factors Other Than Age Under the Age Discrimination in Employment Act Employer Update
March - April 2012 Emerging Issues Concerning Social Media and the Workplace Employer Update
March - April 2012 In Case of Nationwide First Impression, Court Approves Use of "Predictive Coding" in Discovery Employer Update
April 19, 2012 Snipping the Cords on a Golden Parachute – Section 502(b)(7) Limits Executives’ Protections when the Company Lands in Bankruptcy Publication
March - April 2012 The Fifth Circuit Finds that a Corporate Acquisition Agreement Amended an Employee Benefit Plan Employer Update
March - April 2012 Tiffin v. Lester Aldridge: Can a Fixed-Share Partner Be Held To Be an Employee in the UK? Employer Update
April 18, 2012 The Absolute Priority Rule is Not So Absolute for Individual Chapter 11 Debtors Publication
April 17, 2012 On Tax Day, the Debtor-Taxpayer Wins (But Not Quite) Publication
April 16, 2012 Brinker v. Superior Court: California Supreme Court Clarifies Meal and Rest Break Rules, but Compliance Challenges and Class Action Risks Remain Briefings
April 16, 2012 Second Circuit Holds that Parmalat Litigation Won’t Spoil in State Court Despite Potential Delay Publication
April 13, 2012 2011: A Reminder to Secured Creditors to Take Nothing for Granted Publication
April 12, 2012 Bankruptcy Code Preempts State Law Requiring New Chrysler to Offer Right of First Refusal to Rejected Dealerships Publication
April 11, 2012 Making Tough Choices: Fifth Circuit Allows Debtor to Bring Avoidance Action After Creditors Have Already Been Paid and Issues Decision on “Applicable Law” Publication
April 10, 2012 New Jersey Appellate Division Addresses Statute of Repose For Defect Claims In Multi-Phase Construction Projects Publication
April 10, 2012 Rejected! Bankruptcy Court Denies Debtors’ Attempt to Reject Lease While Property Still Occupied by Sublessee Publication
April 5, 2012 Fifth Circuit Highlights Limits to EPA’s Power Publication
April 5, 2012 President Signs the JOBS Act Briefings
April 5, 2012 Systemically Important in Three Easy Steps? Briefings
April 4, 2012 Postpetition Employment at Prepetition Rates? One Court Says, “Not Necessarily.” Publication
April 3, 2012 Should Gulf Oil Spill Dispersant, Clean-up Companies Stay in the Litigation? Publication
April 2, 2012 Arbitration and Class Action Waivers After 'Concepcion' and 'Horton' Publication
April 2, 2012 Not Your Parents' Lawsuit: The New Face of False Claims Act Litigation Publication
April 2, 2012 Proposed FATCA Regulations Released Publication
April 1, 2012 2011: A Reminder to Secured Creditors to Take Nothing for Granted Publication
April 1, 2012 Bank Regulators Tackle Leveraged Lending Private Equity Alert
April 1, 2012 The Evolving Role of the Corporate Secretary Publication
March 30, 2012 Bankruptcy Roulette: The Uncertainty of Distressed Real Estate Valuation in Bankruptcy Court Publication
March 28, 2012 Continuing Uncertainty About Continuing Claims Publication
March 28, 2012 The Double-Barreled Regulatory Assault on Retail Banking Publication
March 26, 2012 Court: "Counsel no longer have to worry about being the ‘first’ or ‘guinea pig’ for judicial acceptance of computer-assisted review.” eDiscoverings
March 22, 2012 Losing Control: Court Rejects “Control Test” for Determining if Debtor Has Interest in Dividends it Paid Publication
March 20, 2012 Weil Comparative Guide to Restructuring Procedures Publication
March 19, 2012 Business As Unusual: The State of the PE Industry Publication
March 19, 2012 New Jersey Court Denies Plaintiff’s Attempt at “Judicial Cherry Picking” Publication
March 15, 2012 One of These Things Is Not Like the Other: 9th Circuit B.A.P. Holds That Bankruptcy Court May Reconsider the Existence of a Third-Party Source of Recovery When Determining Whether Unsecured Claims Are “Substantially Similar” Publication
March 15, 2012 U.S. Economic & Regulatory Outlook: Implications for Corporate Leaders Briefings
March 13, 2012 A Majestic Decision: Delaware Bankruptcy Court Holds Debtor’s QSub Tax Status is Property of the Estate (Part Two) Publication
March 12, 2012 Plaintiffs Get Around Mensing With Failure-To-Update Drug Label Claims Publication
March 12, 2012 Supreme Court Confirms that Personal Injury Claims Can Be Subject to Predispute Arbitration Agreements Publication
March 9, 2012 PrimaCom: Stand by, Europe and Beyond, for a New Wave of English Scheme Restructurings Publication
March 9, 2012 US Supreme Court Orders Reargument in Kiobel Publication
March 8, 2012 Gimme Shelter: “Transactions Integral to a Sale” Are Given Section 363(m) Protection Publication
March 7, 2012 Fifth Circuit Weighs in on Stern’s Effects on Magistrate Judges’ Authority to Enter Final Judgments on State Law Counterclaims Publication
March 7, 2012 Virginia Court Holds Statute of Limitations Not Tolled by Pending Cross-Jurisdictional Putative Class Action Publication
March 6, 2012 Anything But Ordinary: Debtor’s Severance Payment Obligations Were Neither Made in the Ordinary Course Nor Could Be Assumed as Part of an Executory Contract Publication
March 5, 2012 A Majestic Decision: Delaware Bankruptcy Court Holds Debtor’s QSub Tax Status is Property of the Estate (Part One) Publication
March 5, 2012 Supreme Court Divided on Issues of Ongoing Distributor Liability Publication
March 2, 2012 UK's Supreme Court Hands Down Judgment on "Client Money" Issues in Lehman Publication
March 1, 2012 Corporate Political Spending Publication
March 1, 2012 Dispute resolution: Litigate or arbitrate Publication
March 1, 2012 How to Prepare for and Respond to a US Antitrust Raid Publication
March 1, 2012 PFICs Publication
March 1, 2012 SEC Speaks 2012: An "Entrepreneurial" and Restructured SEC Pledges Proactive Enforcement Securities Enforcement and Litigation Alert
February 28, 2012 Bankruptcy Court Remains the Port of Call – Breach of Contract Claims Remain in Shipping Debtor’s Case Publication
February 27, 2012 Third Time Was Not the Charm for This Debtor: After Failing to Confirm Two Plans, Debtor Loses Bid to Confirm Third Plan After the Seventh Circuit Rejects Treasury Bonds as “Indubitable Equivalent” to Building Lien Publication
February 27, 2012 US Supreme Court to Decide Corporate Accountability Under the Alien Tort Statute Publication
February 24, 2012 CYA On That LOI: Avoiding Liability Under Preliminary Agreements Publication
February 23, 2012 Still Standing After All This Time: STN Enterprises Affords Derivative Standing to Creditors’ Committees to Bring Actions on Behalf of the Estate Publication
February 22, 2012 Local Rules Committee for Southern District of New York Wants to Ensure Litigants Keep Things Consensual Publication
February 21, 2012 Cold Comfort for Class Action Plaintiffs in the Fourth Circuit: Court of Appeals Permits Filing of Class Claims But Gives Bankruptcy Court Significant Discretion in Applying Rule 7023 Publication
February 17, 2012 The Next Step In Creating a Culture of Risk Avoidance: Avoid the Creation of Harmful Internal Documents Publication
February 17, 2012 Two Means Two: Delaware Bankruptcy Court Confirms that the Two-Year Look-Back Period for Fraudulent Transfers Is Non-Negotiable Publication
February 16, 2012 Says the Ninth Circuit, That Argument Isn’t Going to Get You Out of This Single Asset Real Estate Case Publication
February 2012 SEC Enforcement Staff Focusing on PE Sponsors Private Equity Alert
February 16, 2012 The SEC's Whistleblower Program Publication
February 16, 2012 Top SEC Enforcement Issues for Public Companies - 2012 Publication
February 15, 2012 Are Emails Business Records or Hearsay? Publication
January – February 2012 California Wage/Hour Update: Suitable Seating Employer Update
January – February 2012 Can an Employee Waive His Right to Bring a Collective Action Under the FLSA? Depends on Which Court You Ask Employer Update
January – February 2012 First Department Clarifies Summary Judgment Standard for Discrimination Claims Under New York City Human Rights Law Employer Update
January – February 2012 New OFCCP Initiative on Workers with Disabilities Employer Update
February 15, 2012 Post-Nicastro, Opposite Jurisdiction Outcomes for Foreign Defendants Publication
February 15, 2012 Redefining Unknown Claims in Bankruptcy – Are the Courts Shifting Back to a Test that Might Favor Reorganized Debtors? Publication
February 15, 2012 Sixth Circuit Strikes Out Class Allegations At Pleadings Stage Publication
February 15, 2012 The Trial of the Hidden Agenda: Part I Publication
February 12, 2012 The Thirsty Horse Publication
February 10, 2012 Dead or Alive – Liquidation or Restructuring under the Hungarian Insolvency Law? – Part 3 - Out-of-Court Workouts Publication
February 9, 2012 Other People’s Money – Revisited (Or, When Do Insurers Have Standing to Challenge a Bankruptcy Plan?) Publication
February 8, 2012 Legal Mirage: Seventh Circuit Dismisses Appeal of Final Order Upon Finding No Final Order to Review Publication
February 7, 2012 Bill Baer Nominated As New Head of the Antitrust Division Briefings
February 6, 2012 If It Had Only Called… Second Circuit Finds that Picking up the Phone May Have Allowed Payphone Company to Avoid Claim for Lost Profits Publication
February 6, 2012 Must Experts Duke It Out Before Class Certification? Publication
February 3, 2012 Component Parts Doctrine Used to Affirm Dismissal Against Raw Material Suppliers Publication
February 3, 2012 Dead or Alive – Liquidation or Restructuring under the Hungarian Insolvency Law? – Part 2 - Liquidations Publication
Winter 2012 Canada: 2011 Competition Law Year In Review Antitrust Update
Winter 2012 CEO Agrees to $500,000 Fine for HSR Act Violations Related to Acquisition of Stock as Executive Compensation Antitrust Update
Winter 2012 European Commission Issues Guide on Competition Compliance Antitrust Update
February 2, 2012 Financial Reporting Challenges for 2012 Publication
Winter 2012 FTC Judge Requires Health System to Unwind 2010 Hospital Acquisition to Remedy §7 Violation Antitrust Update
Winter 2012 H&R Block’s Acquisition of TaxACT Enjoined Antitrust Update
February 2, 2012 Key IP and IT Trends for 2012 Briefings
Winter 2012 Seventh Circuit Vacates Minn-Chem Incorporated v. Agrium Incorporated Opinion and Grants Petition for Rehearing En Banc Antitrust Update
February 2, 2012 Southern District of New York Takes a Stand on Stern Publication
Winter 2012 Third Circuit En Banc Review Resuscitates DeBeers Settlement Antitrust Update
February 1, 2012 Is There Any Limit to Liability for Companies that Manufactured Asbestos-Containing Products? According to a Recent Wisconsin Court of Appeals Decision, the Answer is “Yes” Publication
February 2012 Succession Planning Publication
January 31, 2012 Have Your Cake and Eat It To: Defendants in Insider Preference Actions under State Law May Doubly Benefit from the New Value Defense Publication
January 27, 2012 Dead or Alive – Liquidation or Restructuring under the Hungarian Insolvency Law? Publication
Spring 2012 Effective Use and Presentation of Social Science Evidence Publication
2011 ed. Privilege Issues in the Age of Electronic Discovery Publication
January 27, 2012 Regulatory Game Changers and How to Deal With Them Publication
January 26, 2012 What You Don't Know Can Hurt You: Successor Liability and Sec. 363 Sales Publication
January 25, 2012 FTC Increases HSR Act Filing Thresholds and Interlocking Directorate Thresholds Briefings
January 25, 2012 The Operation of the “Operations” Rule”: The Seventh Circuit’s Primer On the Priority of Postpetition Tort Claims Publication
January 24, 2012 Colonial Bancgroup Appellate Court Finds FDIC Entitled to Setoff Rights for Deposits at Failed Bank Subsidiary Publication
January 24, 2012 Rebuilding Trust: The Corporate Governance Opportunity for 2012 Briefings
January 23, 2012 Putting Bankruptcy Remoteness on Trial in the Seventh Circuit – Defining the Parameters of “Operational Separateness” for an SPE Publication
January 20, 2012 Bankruptcy-Related Expenses: Are They Deductible? Publication
January 19, 2012 At What Point Does a Dispute Become Bona Fide? Publication
January 17, 2012 Financial Reporting Challenges for 2012 Briefings
January 17, 2012 Have You Spilled “Hot Coffee” On Your DVD Player Yet? Publication
January 13, 2012 Stranger Than Fiction: Section 332(d) as Applied to USRPHCs Publication
January 12, 2012 The Stern Files (Fifth Edition) Publication
January 11, 2012 The Seventh Circuit Rules the “Nullity Rule” – A Business Attorney’s Best Friend – Is Discretionary and Not Jurisdictional Publication
Winter 2012 The Euro in Flux: Contingency Planning for Loan Agreements Finance Digest
January 6, 2012 Taking the Long View: How Reorganization is More Like a Marathon and Less Like a Sprint Publication
January 6, 2012 When Is a Debtor Really Off the Hook on a Rejected Lease? (The Answer May Not Be as Simple as You Think) Publication
January 5, 2012 Aggressive Creditors: Go Overboard, And You May Find Yourself Walking the Plank Publication
January 4, 2012 Single-Asset Entities Beware: Bankruptcy Court Dismisses Chapter 11 Petition Filed by Single Asset Limited Liability Company Publication
January 1, 2012 A Fine Balancing Act Publication
2012 Antitrust Law in the International Marketplace Publication
January 2012 Business As Unusual Private Equity Alert
2012 Co-Editor, Antitrust and International Commerce Publication
January 2012 Environmental Prosecutions: Criminal Liability without Mens Rea and Exposure Under the Responsible Corporate Officer Doctrine (with Douglas S. Brooks) Publication
2012 Judicial Review of Private Mass Torts Settlements Publication
January 2012 U.S. Comparison of Corporate Governance Guidelines and Codes of Best Practice Public Company Materials
Winter 2011 The Extraterritorial Application of the Exchange Act Publication
Winter 2011 Third Circuit Casts Doubt on Usefulness of Online Opinions as Evidence of Consumer Confusion Publication
December 23, 2011 20 Years in the Making: EPA Issues Mercury and Air Toxics Standards Publication
Winter 2011 Australia Passes New Climate Legislation Climate Change Update
Winter 2011 California's Cap-and-Trade Regime Set to Come Online Climate Change Update
Winter 2011 Quebec Establishes Cap-and-Trade System Climate Change Update
Winter 2011 UNFCCC in Durban Ends with Agreement to Agree Climate Change Update
December 20, 2011 Drop It Like It’s Hot – Abandoning Property of the Estate Publication
December 20, 2011 ISS Announces New Version of its Governance Risk Indicators Briefings
December 2011-January 2012 Board Agenda: Twelve Key Corporate Governance Issues for 2012 Publication
December 19, 2011 Torpedoing Plans 101: Court Refuses to Enforce Assignment of Junior Creditor’s Right to Vote on a Plan Publication
December 19, 2011 Would You Like To Arbitrate That Purchase Agreement Dispute? Private Equity Alert
December 16, 2011 Designing a New Playbook for the New Paradigm: Global Securities Litigation and Regulation Briefings
December 16, 2011 Keep Your Claws Off My Principal: Eleventh Circuit Weighs in on Recovery of Fraudulent Transfers in Ponzi Schemes Publication
November – December 2011 Deductibility of Fixed Bonus Pools with Unknown Distribution Terms Employer Update
December 15, 2011 From the Experts: Are You Ready for the False Claims Act? Publication
November – December 2011 No Relief Yet for the Costs of Electronic Preservation Employer Update
November – December 2011 Significant Labor Law Changes on the Horizon: NLRA Posting Requirement to Become Effective January 31, 2012 and Potential Changes to Union Representation Election Procedures Advanced by Board Employer Update
November – December 2011 Supreme Court to Consider Scope of Outside Sales Exemption Employer Update
November – December 2011 The Sounds of Silence: Class Arbitration After Stolt-Nielsen Employer Update
December 15, 2011 Tweaking Tax On Foreign Investments In The US Publication
December 14, 2011 11th Circuit Affirms Dismissal of FTC Challenge to Hospital Merger on State Action Grounds Briefings
December 14, 2011 European Parliament Resolution on Short Selling and Aspects of Credit Default Swaps Briefings
December 14, 2011 Will Secured Creditors’ Right to Credit Bid be a ‘Cert’ain Thing? Supreme Court Grants Certiorari to Resolve Circuit Split Publication
December 13, 2011 Do As I Say AND As I Do: The Tenth Circuit Reverses Its Long-Standing Holding That the Automatic Stay does Not Apply to Appeals Initiated by a Debtor Publication
December 12, 2011 Electric Car Battery Issue Ignites NHTSA Controversy Publication
December 9, 2011 Learned Hand: An Examined Life Publication
December 9, 2011 The Stern Files (fourth edition) Publication
December 7, 2011 Challenge to Indiana’s $5 Million Tort Claims Liability Cap Proceeds Publication
December 7, 2011 ERISA Fiduciary Duties When Offering Retail Mutual Funds as 401(k) Investments Publication
December 7, 2011 Hawaii: The Islands of Aloha, Surf, Sunshine, and Bankruptcy Courts that Increase Attorneys’ Hour Rates Sua Sponte Publication
December 2011 Proposed Guidance Under Section 892 Regarding Taxation of Foreign Governments on US Investment Income Private Equity Alert
December 6, 2011 Section 366(c)(2): Electric Boogaloo S.D.N.Y. Court Affirms Order Approving Debtors’ Contested Adequate Assurance to Utility Providers Publication
December 5, 2011 Navigating Dodd-Frank's Resolution Requirement Publication
December 5, 2011 Secured Lenders Beware! Your Security Interests on All Real Property Assets and Rents of a Hotel May Not Extend to Room Revenues Publication
December 3, 2011 Whistleblowers Seek – And Sometimes Get – Millions Through FCA Suits Publication
December 2011 Making it Stick: Six Tips for a Better Settlement Agreement Publication
December 2, 2011 The Politics of Municipal Bankruptcy Publication
December 2011 Co-author, Investing for Growth: Spurring Infrastructure Development and Economic Growth Through Foreign Direct Investment Publication
December 1, 2011 Creditor Cooperation and the New 2019: A Look at the Rule and the Usual Players Publication
December 2011 Globalizing the Battleground Between US and Chinese Companies Asia Alert
December 1, 2011 Illinois Supreme Court Reverses $43 Million Verdict Against Ford in Automotive Products-Liability Case Publication
November 30, 2011 DOJ Continues To Recover Big For Alleged Health Care Fraud Publication
November 30, 2011 It’s Here! The New Rule 2019 Rule Arrives Publication
November 29, 2011 Nutella Plaintiffs Granted Class Certification Publication
November 29, 2011 Severance Payments as Administrative Expenses? One Court Says, “Don’t Count On It.” Publication
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