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Clawback Controversy Now Clouding Dewey Bankruptcy
Publication Date: 2013-10-24
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The fight over the validity of so-called unfinished business claims in law firm bankruptcies is heating up in courts on both coasts this week.

Posner v. Lewis, 103496/09
Publication Date: 2010-12-10
Practice Area: Torts
Industry:
Court: Appellate Division, First Department
Judge: Before: Peter Tom, J.P.; Richard T. Andrias, Eugene Nardelli, Dianne T. Renwick, Nelson S. Román, JJ.
Attorneys:
For plaintiff:
For defendant: Krauss PLLC, White Plains (Geri S. Krauss of counsel), and Jonathan P. Arfa, P.C., White Plains (Jonathan P. Arfa of counsel), for respondent.
Case number: 103496/09

Cite as: Posner v. Lewis, 103496/09, NYLJ 1202475950215, at *1 (App. Div. 1st., Decided December 9, 2010)Before: Peter Tom, J.P.; Richard T. Andrias, Eugene Nar

January 21, 2003 |

Pepsi Bottling Group Pepsi-Gemex

2 minute read
April 06, 2001 |

Bracing for a New DOJ Fraud Crusade

After a renewal of hostilities between the DOJ and two leading hospital chains, corporate health care lawyers are bracing for a new wave of health care fraud litigation. Unlike the federal Anti-Kickback Act, the so-called Stark laws so far have only been used in civil prosecutions. But both anti-fraud statutes can be enforced by government lawyers in the same lawsuit -- and that may happen more often.
5 minute read
March 01, 2004 |

Fraud Count Dismissal in Stewart Case Could Cut Both Ways

Judge Miriam Goldman Cedarbaum's decision to dismiss a charge that Martha Stewart defrauded investors in her own company by lying about her sale of ImClone stock turned on the different standards for "evidentiary sufficiency" in criminal and civil securities fraud cases. But white-collar crime experts say that the impact of the missing charge can cut both ways when the jury convenes to consider the remaining charges against Stewart.
7 minute read
March 31, 2005 |

Supreme Court Widens Age Discrimination Protections

The Supreme Court opened the door Wednesday for older workers to bring age discrimination claims based on disparate impact rather than discriminatory intent. But the Court also gave employers tools to defend against the new type of claims. Because it is often hard to prove discriminatory intent by employers, advocates for older workers hailed the 5-3 decision as a landmark victory. Chief Justice William Rehnquist did not vote in the case, which was argued in November when he was receiving cancer treatments.
3 minute read
October 07, 2009 |

Star Turn for Hollywood Newcomers

A few players are catching their big break in entertainment law, but for most, there's still no business in show business.
8 minute read
January 23, 2001 |

Staff Exits on the Rise in Southern District U.S. Attorney's Office

A series of staff changes in the office of New York's Southern District U.S. Attorney Mary Jo White are unrelated to the change to a Republican administration in Washington, D.C., say prosecutors. There has been speculation that the Bush Administration may be contemplating changes for U.S. Attorneys in districts throughout the country; but as of yet there's been no massive changing of the guard.
4 minute read
May 04, 2001 |

Violence Reaction

No doubt, America is a violent place and the endless string of workplace shootings has made employers increasingly edgy. While they're reluctant to admit it, these tragedies are boosting business for labor and employment lawyers. Besides protecting the safety of the workers, the goal of these lawyers is to head off costly lawsuits against the employers.
8 minute read

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