Features
The Impact of Assured Guaranty on Claims Against Sponsors
In <i>Assured Guaranty Ltd v. J.P. Morgan Investment Management Inc.</i>, a unanimous Court of Appeals held that the Martin Act, New York's "blue sky" law, does not pre-empt common law claims for breach of fiduciary and gross negligence.
Features
The Unique and Crucial Role of the Non-Party Physician
Physicians who have treated a plaintiff before ' during or after the treatment at issue ' often have a unique perspective that can be helpful at trial to the finder of fact. How can such physicians be identified, interviewed, and brought to the assistance of the litigants in their search for the truth?
Features
Debtors May Benefit from ' 363 Protections Post-Confirmation
Capmark's sale of its remaining Low-Income Housing Tax Credit Business is a recent example of the approval of a sale of assets under ' 363 of the Bankruptcy Code following the confirmation of a debtor's plan.
Features
De Facto Chapter 11 for the Unconsolidated 'Identity of Interest' Enterprise (Case Study)
Sometimes a lethal combination of a proceeding's cost and deleterious operational effect will result in forced liquidation rather than restructure. Such was the dilemma faced by economically troubled GGI in June 2010.
Features
The 'New' Willful Blindness Doctrine After Global-Tech
In <i>Global-Tech Appliances, Inc. v. SEB S.A.</i>, the Supreme Court expressly approved of the "willful blindness" tool for the first time. But in doing so, it framed the doctrine in a way that provided some much-needed limitations.
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