Have you ever had the unfortunate experience of losing a smartphone? Has your car ever been taken for a joy-ride? Has your home been burglarized? Fortunately, in the digital age we have the benefit of sophisticated technology and software applications that can be used to track down the whereabouts of our prized possessions.
Most of the recent commentary around the Supreme Court’s Husky International Electronics Inc. v.
In Picard v. Legacy Capital Ltd., the U.S. Bankruptcy Court for the Southern District of New York recently set forth the burden of pleading fraudulent transfers in bankruptcy cases decided under the Securities Investor Protection Act (SIPA).
The in pari delicto defense is a state law-based equitable defense designed to prevent a plaintiff from pursuing damages resulting from wrongful conduct in which the plaintiff itself is complicit.
In a March 16, 2016, opinion, the U.S.
On Sept. 22, 2011, Charlene Milbury filed for chapter 7 bankruptcy protection in the Central District of California, starting the clock on a two-year period for the commencement of avoidance actions by the trustee. The debtor was the sole owner of a materials-hauling business known as Charlene’s Transportation Inc.
You operate a law firm in Texas. You are hired by a Utah business trust to represent a friend of the trust’s founder, who is facing criminal charges in New Hampshire. You represent the friend, and for your legal services you are paid $90,000 by the trust.
On Nov. 6, 2015, the U.S. Supreme Court granted certiorari in Husky International Electronics Inc. v. Daniel Lee Ritz, Jr. and heard oral arguments in the case on March 1, 2016. The issue pending before the Supreme Court concerns whether “actual fraud” under 11 U.S.C.
In a decision that deserves the close attention of secured lenders, the U.S. Court of Appeals for the Seventh Circuit held that a bank’s awareness of suspicious facts about the collateral pledged to secure its loan required bank officials to perform a diligent investigation of possible fraud or other wrongdoing by its borrower.
The legal saga of the Wyly brothers continues.
Born in rural Louisiana during the Great Depression, Samuel Wyly and his older brother Charles, Jr., built a fortune from a computer company and later from steakhouses and Michael’s, an arts-and-crafts retail chain. In 2010, however, the U.S. Securities and Exchange Commission (SEC) brought a civil enforcement action against the Wylys, alleging that they participated in an elaborate international securities fraud scheme.
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