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Retailing Bankruptcies Target of Reform
The proposed Bankruptcy Code reforms are expected to be debated starting next week in the Senate, contain a little-analyzed provision that would have serious implications for the way Chapter 11 cases for large retailers are conducted. Slipped into the 300-page bills are measures that would set an absolute deadline for retailers in bankruptcy to assume or reject real estate leases. Critics are calling this a gift to the shopping center lobby, but advocates argue it is a much needed reform.Attorney Ineligibility Order Pursuant to Rule 1:28-2(a)
Notice to the bar.2nd Circuit Rejects $35M Pact's 'End Run' Around Liability for Former Executives
A district court should not have approved a $35.2 million settlement that would have insulated two former top executives of a body armor company from liability under the Sarbanes-Oxley Act, a federal appeals court ruled Thursday. The 2nd Circuit ruled that only the SEC has the authority to exempt the executives from �304 of the act, which requires CEOs and CFOs to reimburse their companies for bonuses and profits from stock sales in the 12 months following the filing of a false financial report.Circuit Rejects Pact's 'End-Run' Around Liability for Ex-Executives
After whittling away at a novel antitrust case against the Andy Warhol Foundation until there was nothing left, Boies, Schiller & Flexner is on its way to recovering its client's hefty legal tab from an insurer that balked at covering the defense.
When Andy Warhol died, he left hundreds of millions of dollars' worth of his paintings to a foundation that bears his name. The foundation is the exclusive sales agent for the Warhol art it owns. But it's also the arbiter of authenticity for Warhol works it doesn't own. Is that a conflict of interest? A class action filed by the owner of a Warhol self-portrait whose authenticity has twice been denied says it is.
Sure, the Warhol Foundation beat back claims it rigged the authentication process for disputed works by the famous artist. But can it defeat its insurer's assertion that its defense costs aren't covered?
Cite as: Chevron Corp. v. Berlinger, 10-1918-cv(L), NYLJ 1202478063888, at *1 (2d Cir., Decided January 13, 2011)Before: Leval, B.D. Parker, and Hall, C.JJ.
Years before the phrase "toxic assets" became a cliche, the shareholders of a mortgage company called Household International filed a class action in Chicago federal district court, alleging that Household had engaged in "a massive predatory lending scheme" that inflated the company's financials. The trial in the case begins this week.
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