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Reviving the Not'Quite Dead Image

Reviving the Not'Quite Dead

Stanley P. Jaskiewicz

Congress passed the Restore Online Shoppers' Confidence Act ("ROSCA") to great public acclaim late last year. But was the new law necessary? Dictionary.com defines restore in several parts, but all refer to bringing back something "lost" or "dead." Looking at recent online business statistics, though, how can anyone reasonably believe that online shopping was "lost" or "dead," much less in need of the "restoration" desired by the new law's authors?

Features

Assumption of Liabilities Image

Assumption of Liabilities

Patrick J. Leddy, Charles M. Oellermann & Joseph M. Witalec

A buyer purchases certain assets and assumes certain liabilities of a seller under an asset purchase agreement. However, after the transaction closes, the buyer files for bankruptcy under Chapter 11 of the Bankruptcy Code and eventually rejects the asset purchase agreement. From a deal lawyer's perspective, the issue is: What impact does the bankruptcy filing and the contract rejection have on the carefully drafted, thoroughly negotiated asset purchase agreement?

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What's New in the Law Image

What's New in the Law

Robert Ihne

Highlights of the latest equipment leasing cases.

Features

How Will 100% Bonus Depreciation Impact Like Kind Exchange Programs for Lessors in 2011? Image

How Will 100% Bonus Depreciation Impact Like Kind Exchange Programs for Lessors in 2011?

Jeff Nelson

With the enactment of 100% bonus depreciation under the "Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010," many companies with active Like Kind Exchange programs are wondering whether it makes sense to suspend their LKE programs for the balance of 2011.

Features

Non-Compete and Trade Secret Concerns for In-house Lawyers Image

Non-Compete and Trade Secret Concerns for In-house Lawyers

Michael Greco

Here is a Top Ten list of concerns for in-house lawyers and the companies they represent.

Features

Separation and Settlement Agreements Image

Separation and Settlement Agreements

Bill Wortel

This article contains tips for drafting effective separation and settlement agreements that maximize the employer's return on its severance or settlement payments to departing or former employees.

Features

What's Private in the Private Workplace? Image

What's Private in the Private Workplace?

Wendi S. Lazar & Seth M. Marnin

Unlike their public sector counterparts, private-sector employees have historically enjoyed little protection against unreasonable property searches by their employers. Is the legal landscape changing?

Features

Law Department Highlights, Trends and Myths Image

Law Department Highlights, Trends and Myths

Daniel J. DiLucchio

For the eleventh consecutive year, Altman Weil has conducted a Chief Legal Officer (CLO) Survey on issues of importance in managing corporate law departments.This article discusses selected results of the recent survey.

Features

The New Temporary Maintenance Guidelines Image

The New Temporary Maintenance Guidelines

Karen M. Platt & Alton L. Abramowitz

There has been much criticism of the new temporary maintenance awards (DRL ' 236B(5-a)) and their shortcomings. For the moment, we need to live with the statute in its current form. To that end, following is a user guide to the new statute.

Features

Dealing with Emotions and the Law Image

Dealing with Emotions and the Law

Elliott Scheinberg

When emotional issues manifest themselves during the life of a divorce, keeping the case in line with the law and presenting the evidence properly become highly important.

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