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April 28, 2006 | Law.com

'Delphi' May Encourage Formation of Equity Panels

The appointment of an equity committee is a rare exception in Chapter 11 cases, yet, recently, in In re Delphi Corp., et al., the court directed just such an appointment -- at the request of a 9 percent shareholder and at the expense of the Delphi estate. The full impact of Delphi depends on who has the burden of proof on a subsequent motion to disband the committee and what level of proof will be required regarding the potential for a meaningful distribution to equity.
11 minute read
July 07, 2008 | Law.com

3rd Circuit Asks Pa. High Court to Clarify Accountant Liability

In a case that could broadly impact liability of accounting firms in corporate cases, the 3rd Circuit has asked the Pennsylvania Supreme Court to answer questions regarding the doctrine of in pari delicto. At issue is whether the creditors' committee in the massive Allegheny Health, Education and Research Foundation hospital bankruptcy can bring claims against PricewaterhouseCoopers. The 3rd Circuit's order suggests that it might be leaning in favor of allowing claims against PwC to be revived.
6 minute read
June 12, 2013 | New York Law Journal

Jailbroken: Future of Interoperability Exemptions Under the DMCA

Michael S. Elkin and Thomas P. Lane, partners at Winston & Strawn, write the DMCA empowered the Librarian of Congress, upon the recommendation of the Register of Copyrights to grant limited, periodic exemptions to the law: The fifth and most recent set of exemptions, in effect for the next three years, contains one quirk that has generated significant interest in the intellectual property community: the Librarian opted to permit jailbreaking of smartphones but not of tablets.
10 minute read
December 23, 2009 | New York Law Journal

Grouping a Rental Activity Under the Passive Loss Rules

Ezra Dyckman, a partner at Roberts & Holland, and Daniel W. Stahl, an associate at the firm, write that in a recent case, the United States Tax Court addressed the grouping of activities under the passive loss rules when one of the activities is a rental activity. The case, they say, highlights some of the rules affecting how the passive loss limitations affect real estate owners.
8 minute read
December 05, 2006 | Law.com

'Rubber-Stamp' Inference Riles Federal Judge at Telecom Merger Hearing

Fireworks in a Washington courtroom may portend a battle over merger law. Last week, District Court Judge Emmet Sullivan heard the latest round of arguments in the congressionally mandated review of the mergers between Verizon and MCI, and SBC and AT&T. Sullivan was taken aback when Verizon's lawyer bluntly suggested the judge had little power to unwind the deals. The startled judge -- who has repeatedly said he "won't be a rubber stamp" for the government -- nearly came off the bench.
6 minute read
October 12, 2012 | Law.com

Defamation Suit Seeks $300 Million in Damages From Venezuelan Bankers

In a lawsuit filed in Miami-Dade Circuit Court, a power-plant equipment contractor that worked for the Venezuelan government seeks $300 million in damages from a Venezuelan bank, its chairman and another director for allegedly spreading knowingly false and defamatory information about it on the Internet.
4 minute read
May 31, 2005 | Law.com

Three More Coudert Partners Leave for Other Firms

Even as Coudert Brothers considered taking legal action against Orrick, Herrington & Sutcliffe last week over the poaching of lawyers in London and Moscow, Coudert watched its San Francisco office unravel. Three of the firm's San Francisco partners -- Donald Bartels, Edward Lozowicki and Mathew Troughton -- will leave for other firms in June.
3 minute read
March 11, 2003 | Law.com

The Prosecution Clinic

According to Patent Ratings LLC., Minneapolis' Schwegman, Lundberg, Woessner & Kluth prosecuted many of the highest-quality patents issued in 2002. The founding partners say the firm's focus on prosecution work probably led to the high ranking. Steven Lundberg says his firm is like "a clinic that does only heart transplants."
4 minute read
October 22, 2010 | New York Law Journal

Rejecting Removal Recommendation, Commission Censures Justice

4 minute read
April 27, 2011 | National Law Journal

Law students help Iraqis win refugee status

What began in 2008 as an effort by Yale law students to help Iraqis seek refugee status has evolved into a nonprofit organization with student chapters at nine law schools and three more on the way.
5 minute read

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