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The S&L Payouts That Never Came
When Charles Cooper argued and won United States v. Winstar at the Supreme Court, plaintiffs lawyers thought thrifts and investors would recover billions of dollars. The landmark 1996 ruling found the government liable for breaking contracts with savings and loan associations as regulators tried to avert the 1980s S&L fiasco. But so far, actual damage awards have fallen far short of what everyone -- even the government -- anticipated.Attempts to Expand Public Nuisance Laws to Reach Products
It is shortsighted to seek to apply public nuisance law to products. Injuries caused by products are properly addressed through other tort law.Important Issues Percolate in Bankruptcy Appeals
As a wave of bankruptcy filings makes its way through the courts, unresolved questions that will significantly affect future consumer and business bankruptcies are bubbling up in appeals to the district and circuit appellate courts.Busy M&A Market Makes Real Estate Attorneys Deal Makers
Real estate attorneys, long known as dirt lawyers, are adopting more of the deal-making skills of their corporate counterparts as they get pulled deeper into the real estate sector's surging mergers and acquisitions activity.Slowdown in Filings Fuels Competition for Bankruptcy Cases
Just two years after the collapse of Lehman Brothers, the number of businesses filing for Chapter 11 is dropping off. Although most members of the bankruptcy bar view the slowdown as short-term and partners interviewed by the Law Journal said they themselves would be fine for now, thanks to an inventory of bankruptcies-in-progress, competition is heating up among firms eager to handle newly filed cases.Pay-for-Delay Deals Threatened as Second Circuit Judges Question Existing Law
The balance may finally be shifting in favor of the challengers to so-called reverse payment settlements in drug patent litigation.Control of Digital Data Roils Attorneys
Increasingly, government and business are attempting to regulate and limit the use of digital technology due to heightened fears over privacy, identify theft and litigation. As a result, at a time when attorneys are beginning to rely more heavily on technology to win cases, they often have to struggle to get their hands on automobile "black box" data, videos of medical procedures and crucial e-mails.Growing Trend: Prosecution for Workers' Injuries, Deaths
A trend is emerging in the field of white-collar crime that is unrelated to recent, well publicized financial scandals. Local and federal prosecutors nationwide are increasingly considering criminal charges against corporations and their managers in connection with workplace injuries and deaths. Stephen G. Sozio and Earnest B. Gregory examine this trend and provide guidance on steps that a corporation can take to discourage prosecution when an injury or death occurs.Real Estate Attorneys Become Corporate Dealmakers
Real estate attorneys are adopting more of the deal-making skills of their corporate counterparts as they get pulled deeper into the real estate sector's surging M&A activity. Some say clients that buy and sell high-dollar, multiproperty assets increasingly want a lawyer who not only understands how to assess properties, but can also play a role in crafting a transaction. The buying and selling of real estate investment trusts, especially publicly traded ones, is at the heart of the increased activity.Trending Stories
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Strong & Hanni Solves Storage Woes--Learn How You Can, Too
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Meeting the Requirements of California's SB 553: Workplace Violence Prevention
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