Timing the Bankruptcy Filing of Commercial Real Estate
March 16, 2012
The In re JER/Jameson Mezz Borrower II, 461 B.R. 293 (Bankr. D. Del. 2011) ("Mezz II") Chapter 11 case recently tested the ability of a special purpose...
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Judge Peck Approves a Discovery Process That Includes the Application of Predictive Coding to Identify Responsive Documents
March 13, 2012
On Friday, February 24, Southern District of New York Magistrate Judge Peck issued the first judicial opinion specifically approving the use of predictive coding[1] in...
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Labor and Employment Law Update
March 07, 2012
Review the presentation materials from Fulbright's first labor and employment breakfast seminar of 2012. Fulbright speakers Rea Ferandez , Jaclyn Hermes and...
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Supreme Court of Texas Raises the Bar for Qualifying as a Common Carrier Pipeline
March 5, 2012
On March 2, 2012, the Supreme Court of Texas issued an opinion (withdrawing and substituting for the August 26th, 2011 opinion previously issued in the same case)...
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Section 365(o) Requirements-Mandatory Prerequisites to Chapter 11 Relief for Some Bank Holding Companies
March 2012
Since 2008, a number of bank holding companies, including Washington Mutual Inc., Colonial BancGroup Inc. and CIT Group Inc., have filed for protection under chapter 11,...
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U.S. Supreme Court Decision Sorts Out Federal/State Riverbed Ownership Rights
February 28, 2012
I. Introduction
On February 22, 2012, the United States Supreme Court issued its decision clarifying riverbed ownership rights between the states and the...
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Litigation Trends 2011 - International Arbitration Summary
February 27, 2012
Fulbright offers you a unique look into your peers' attitudes, experiences and strategies in the international arbitration arena. We have extracted and analyzed...
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New Wage and Hour Class Action Decision Broadens Obligation To Preserve Documents and May Increase Burden on Employers
February 14, 2012
On February 3, 2012, the United States District Court for the Southern District of New York, in Pippins v. KPMG , No. 11 Civ. 377(S.D.N.Y. Feb.3, 2012) denied the...
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Seventh Circuit Protects Creditor’s Choice To Gamble on Real Estate Over U.S. Treasuries
February 8, 2012
The Seventh Circuit recently affirmed a bankruptcy court decision that limits a debtor's ability to impair a secured creditor's lien rights by transferring the...
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Key Points From The O’Shea Acquittal
February 6, 2012
On the heels of a federal judge's dismissal of the Lindsay Manufacturing Co. indictments, another federal judge issued yet another blow to the U.S. Department of...
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Analysing the Federal Courts Jurisdiction and Venue Clarification Act of 2011
February 2012
In the most sweeping reform since 1990, the Act - which took effect on 6 January - resolves some confusion that previously existed in the US statutory scheme and...
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Gossip and Conclusory Statements Insufficient to Prove FCPA Charges: Key Points From the O’Shea Acquittal
January 23, 2012
On the heels of a federal judge's dismissal of the Lindsay Manufacturing indictments, another federal judge issued yet another blow to the DOJ's prosecution of...
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The Unsettled World of Retaliation Claims Under Dodd-Frank
January 23, 2012
Much attention has been paid to the controversial whistleblower provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). This attention...
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Ninth Circuit Tightens Standards for Certifying Nationwide Consumer Class Actions Applying California Law
January 19, 2012
The Ninth Circuit's decision in Mazza v. American Honda Motor Co., Inc. , Case No. 09-55376 (Jan. 12, 2012), provides defendants significant protection against...
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US V. Bourke
January 12, 2012
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On Dec. 14, 2011, the U.S. Court of Appeals for the Second Circuit upheld Frederic Bourke's somewhat controversial conviction in 2009 for conspiracy to violate the...
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