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We found 1,181 results for "The Bankruptcy Strategist"...

On the Move
August 25, 2008
Who's doing what; who's going where.
More Bad News for Structured Finance?
August 25, 2008
While politicians scramble to preserve <i>Fannie Mae</i> and <i>Freddie Mac</i>, more trouble for financial markets looms on the horizon. Proposed changes to accounting rules for securitization vehicles could decrease the significant role of structured finance in providing the liquidity that sustained recent economic expansion.
Equitable Subordination Still Requires Proof of Harm
August 25, 2008
The U.S. Court of Appeals for the Fifth Circuit reversed a bankruptcy court's equitable subordination order on June 20, 2008. ccording to the court, subordination of the insiders' secured claims was "inappropriate" because the bankruptcy trustee had failed to show that the defendant insiders' "loans to the debtor harmed either the debtor or the general creditors." This article discusses the repercussions of that ruling.
Tradex: Requirements and Limitations of Chapter 15's Nonmain Recognition
August 25, 2008
A series of high-profile decisions issued within the past year addressed Chapter 15's strict recognition procedures and denied recognition to proceedings involving hedge funds registered in the Cayman Islands.
NY Case Unwittingly Creates Community Property State?
July 31, 2008
A recent decision by a New York appellate court may have converted New York into a community property state. <i>Johnson v. Chapin</i>, 350749/01, NYLJ March 17, 2008, p. 25 col. 1.
On the Move
July 30, 2008
Who's doing what; who's going where.
The Precedential Effect of BAP Decisions
July 30, 2008
The bench and bar are well acquainted with the principles of <i>stare decisis</i> and controlling precedent, but after nearly 25 years, we have yet to definitely settle the question of the precise binding effect and precedential value of decisions issued by one of the most misunderstood tribunals within the federal court system, the bankruptcy appellate panels (BAPs). A recent bankruptcy court decision from Ohio reminds us that the controversy goes on unabated ...
Enron and Anna Nicole Smith
July 30, 2008
This article explains, in the bankruptcy litigation context, the probate exception, an arcane and traditionally misunderstood common law exception to federal jurisdiction.
Courts Issue Bearish Chapter 15 Rulings in Bear Stearns Cases
July 30, 2008
The subprime mortgage crisis and the high-profile meltdown of two Bear Stearns investment funds have generated the highest profile Chapter 15 rulings since its enactment in 2005. Herein is an analysis of those rulings.
A Commercial Landlord's Rights in Bankruptcy
June 26, 2008
Having a tenant in bankruptcy can be one of the most frustrating ' and costly ' experiences that a commercial landlord endures. This article presents the landlord's various options, explore its options and provide guidance on protections and rights that landlords possess.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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