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A Deal's a Deal, Unless It's in Bankruptcy Court
After a heated bidding war and difficult asset purchase, a bankruptcy lawyer might assume he can relax. However, one telephone call can unravel the sale. If the losing bidder submits a new bid for more than the winning bid, the judge may set aside the auction and announce a new one, with the prior winning bid serving as the new starting bid. An impossible scenario? Not in bankruptcy court. The best way to thwart that possibility? "Scramble the egg" as soon as possible.Dispositive Motions by Legal Malpractice Defendants
Steven P. Caley, a partner and firm counsel at Kelley Drye & Warren, summarizes some of the more common grounds for dispositive motions by defendants in legal malpractice cases in New York, and notes that while various other potential grounds exist, and each ground discussed here could itself be the subject of a lengthy piece, all attorneys should be aware of some basic points.High Court Re-Hears Arguments in Open Beaches Case
The Texas Supreme Court on April 19 re-heard oral arguments in Severance v. Patterson, a case pitting private property rights against the state's enforcement of the public's right to free beach access. In its November 2010 opinion, a 6-2 court held that Texas does not recognize a public easement that automatically moves far inland after storms decimate large swaths of coastline. However, the high court subsequently granted the state's motion for rehearing. Dave Breemer represents Carol Severance.Justice Kennedy May Be Swing Vote in Texas Redistricting Case
U.S. Supreme Court Justice Anthony Kennedy could be the man to watch when the high court considers Texas' congressional redistricting case in 2006.Federal Charges for WikiLeaks Founder?
Julian Assange could be facing criminal charges--with the Espionage Act possibly coming into play--following the release this week of hundreds of thousands of classified documents on WikiLeaks.Judges, Lawyers Debate Changing Press/Court Dynamic After Tyco
Cracks in the 'Chubb' Doctrine: Is the Decision Still Good Law?
Vincent Gerbino, a partner at Bruno, Gerbino & Soriano, and Mitchell S. Lustig, an associate at the firm, write that the question as to whether a breach of a condition precedent to coverage is a lack of coverage defense that is exempt from preclusion is of vital importance to no-fault insurers and medical providers alike.Retired Players Reverse Field, Seek to Sack Licensing Deal
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