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September 30, 2002 |

Chapter 11 Creditors Can't Sue for Avoidance of Fraudulent Transfers

The 3rd U.S. Circuit Court of Appeals invalidated a widely used mechanism by which Chapter 11 creditors could, with bankruptcy court permission, sue to avoid fraudulent transfers. The court affirmed a finding that creditors are not proper parties to bring avoidance claims under 11 U.S.C. 544(b). The ruling makes the 3rd Circuit the first to disallow such suits, which are lodged when debtors fail to bring avoidance claims.
3 minute read
October 01, 2006 |

Fallen Star

Did the GC of the troubled University of Medicine & Dentistry of New Jersey take the fall for the school�s administrators? Or should she shoulder the blame, too?
17 minute read
July 05, 2007 |

Hedge Fund Pursues IPO Despite Tax Issue

New York hedge fund manager Och-Ziff Capital Management Group LLC filed to go public Monday, saying it hopes to raise as much as $2 billion. Och-Ziff's decision to pursue an IPO suggests that tax changes proposed in Congress last month for hedge and private equity funds may not deter more of them from going public.
2 minute read
April 14, 2004 |

New GC Rises With Sun

With its legal battle with Microsoft settled, Sun Microsystems Inc. has quietly appointed a new general counsel. In a document filed Friday with the SEC, Michael Dillon is listed as the company's general counsel and secretary. It's unclear when John Croll, Sun's former GC, stepped down from the post. The news comes amid a spate of other changes at Sun, including cuts in 3,300 jobs and the succession of Jonathan Schwartz as president.
2 minute read
September 02, 2009 |

9th Circuit Invites Additional Briefing on Former Broadcom Exec's Privilege Claim

The 9th Circuit on Tuesday invited outside parties to weigh in regarding whether William Ruehle, the former chief financial officer of Broadcom Corp., should have assumed that statements he made to company lawyers during an internal investigation into stock options backdating were protected by the attorney-client privilege. During oral arguments, a three-judge panel concluded that the issue was important enough to warrant additional input from parties including the American Bar Association.
3 minute read
In Two High-Stakes Patent Cases, Different Results on Injunctions
Publication Date: 2013-01-11
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Two tech-savvy federal judges are sending different messages on the standard for permanent injunctions in patent cases. While Judge Lucy Koh denied Apple's request for a ban on Samsung sales in Decemer, on Thursday Magistrate Judge Paul Grewal entered a permanent injunction sought by Brocade against rival A10 Networks.

February 10, 2010 |

Top Firm Leaders Discuss How to Win the Battle for Lateral Partners

On Dec. 14, National Law Journal editor in chief David Brown discussed the current state of the lateral market with Lynn Mestel, one of the nation's most prominent legal recruiters, and with the chairs of three top firms -- J. Warren Gorrell of Hogan & Hartson, R. Bruce McLean of Akin Gump Strauss Hauer & Feld and Thomas Milch of Arnold & Porter.
26 minute read
July 01, 2003 |

Bay Area Backslide

Hammered by the sour stock market and dismal economy, California's elite technology firms continued their slide among the nation's top grossing firms. The annual rankings of the 100 highest-grossing U.S. firms, published Monday in Recorder affiliate The American Lawyer magazine, shows that firms like Wilson Sonsini Goodrich & Rosati, Gray Cary Ware & Freidenrich and -- of course -- the now-defunct Brobeck, Phleger & Harrison sank in both revenue and profitability last year.
5 minute read
December 10, 2002 |

Guarding Mortgage Turf

Washington, D.C.-based Fannie Mae enjoys some big -- and often controversial -- benefits due to its status as a government-sponsored enterprise -- a line of credit to the U.S. Treasury, freedom from reporting to the SEC and exemption from certain taxes. In her nearly four years as Fannie Mae's top lawyer, GC Ann M. Kappler has helped fend off politicians' and competitors' challenges to Fannie Mae's special legal status.
5 minute read

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