Foreclosure and Receivers in the Current Liquidity Crisis
October 30, 2007
Given the instability in the current real estate market and the significant rise in the number of borrowers defaulting on their mortgages, the topic of foreclosures, regardless of the type, will be the subject of many future discussions and articles. Just a quick review of popular business periodicals reveals the many forces working together to both increase the number of foreclosures and decrease property values. In this climate, many lenders will be assessing their options when it comes to foreclosing on delinquent borrowers.
Enron Redux
October 30, 2007
Featured prominently in business and financial headlines in late 2005 and early 2006 were a pair of highly controversial rulings handed down by the New York bankruptcy court overseeing the Chapter 11 cases of embattled energy broker Enron Corporation and its affiliates. Now, in a carefully reasoned 53-page opinion, District Judge Shira A. Scheindlin recently vacated both of the controversial rulings. <i>In re Enron Corp.</i>, 2007 WL 2446498 (S.D.N.Y. Aug. 27, 2007).
Navigating the New Reality of Equipment Leasing and CERCLA Liability
October 30, 2007
This first installment of a two-part series explains the <i>Atlantic Research</i> decision and some of the basic steps a party to a commercial real estate transaction should take to help protect itself from unexpected CERCLA claims resulting from this decision.
Available Upon Request? Qualified Immunity for Employer References
October 30, 2007
Given the protections from liability available in many jurisdictions, most legal employers have a good deal more flexibility than they currently exercise in handling requests for references. Yet, many cautious employers have been slow to liberalize their reference practices.
Ten Things You Should Know About China's New Antitrust Law
October 30, 2007
On Aug. 30, 2007, China's National People's Congress adopted the Anti-Monopoly Law ('AML'), the first ever comprehensive competition law in the largest emerging market in the world. This was the culmination of 13 years of legislative effort and debate since the first draft of this law was originally conceived. What are the essentials of China's emerging antitrust legal regime? The following are the ten key things that you should know about this area.
The Roberts Court on Antitrust
October 30, 2007
By the end of its last term, the Supreme Court decided four significant antitrust cases, resulting in one of the most antitrust-focused terms in the Court's history. In rendering decisions favorable to the defendants in all four cases, the Court quickly drew the dreaded 'pro-business' label. Commentators on the left criticized the decisions as marking a hard-right turn on antitrust policy, while those on the right lauded the Court's restoration of free-market principles to competition analysis. These broad pronouncements overstate the similarities among the cases, which arose in a wide range of industries and raised quite different legal issues.
An Upbeat View: Nonlawyer Ownership of Law Firms
October 29, 2007
This article examines the two main objections to outside ownership of law firms. The first is that it would permit nonlawyers to interfere with lawyers' exercise of professional judgment. The second is that the firm's duty to its shareholders would lead it to focus blindly on maximizing profits.