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Conservative Justices Cast Constitutional Cloud Over False Claims Act Decision
Justices Thomas, Barrett and Kavanaugh suggest the law combatting fraudulent billing of the government violates executive-branch authority.
'They Could Be Penalized': FTX Bankruptcy to Remain in Delaware Control With Customer Names Sealed
U.S. Bankruptcy Judge John T. Dorsey of the District of Delaware said at the end of a hearing Friday that the decision is consistent with his goal of prioritizing creditors as the Chapter 11 process continues.
FTX Liquidators Say US Bankruptcy Court Needs to Work Alongside Bahamas in Weighing Assets
Liquidators said ssues with identifying FTX assets are governed by the laws of the Bahamas, England, and Antigua and Barbuda, and need to be addressed before the company is wound down.
Informal Severance Pay Plans: Legal Standards and Suggestions
In this article, contributor Nicholas J. Pappas, discusses the legal standards courts apply in deciding whether an employer's past practice of providing severance pay establishes an ERISA plan, and we offer practical suggestions for employers considering layoffs to mitigate the risk of unexpected liability for severance.Handdown List released on: May 31, 2023
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Dispute Over Examiner in FTX Bankruptcy Sent Directly to Third Circuit for Resolution
It's a clash between the FTX companies, which secured a favorable ruling in February when U.S. Bankruptcy Court Judge John T. Dorsey ruled from the bench that the case doesn't require multiple investigations, and the U.S. Trustee's Office, which has consistently said the matter needs an investigator further removed from FTX.Company founder and former CEO was not entitled to indemnification/advancement from company pursuant to corporate agreements and bylaws where founder had broadly released any claims he had against the company in a stock repurchase agreement, nor was he entitled to statutory indemnification since he had not been successful on the merits of any related legal actions.
Refund of excess fees paid to United States Trustee program, pursuant to statute later deemed unconstitutional, was the appropriate remedy for the harm suffered by debtors.

The Law Firm Disrupted: What Extreme Profit Margins Tell Us About the Am Law 200
The Second Hundred is home to some outliers with distinct business models that aren't about to be seen in the Am Law 100 anytime soon.Stockholder failed to plead demand futility where transaction committee who approved acquisition of failing company did not act in bad faith and therefore would not be subject to a substantial risk of personal liability for the acquisition.
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