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Amid the furor surrounding headline-grabbing scandals at corporate giants, the conduct of corporate executives is being scrutinized more closely than ever. Ushered in by the enactment of the Sarbanes-Oxley Act of 2002 (the Act), the era of “corporate accountability” has left many officers and directors worried about their potential exposure if a company struggling to remain profitable goes south during their tenure at the helm, regardless of the cause of the meltdown.
Of particular concern is management's ability to get the full benefit of a bargained-for compensation package, including bonus and severance pay. If a failing company is forced to seek bankruptcy protection, an executive's claims for unpaid compensation may be relegated to the same status as the company's other pre-petition unsecured debts, with recovery amounting to only a fraction of the amount of the claim. This can be the case even if the executive continues to work for the Chapter 11 debtor-in-possession in accordance with the terms of a pre-bankruptcy employment agreement. Still, executives may be able to protect their interests with careful planning.
Priority Claims in Bankruptcy
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This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?