Cozen O’Connor Says: “Are Attorneys’ Bills Privileged Once Litigation Ends – California Supreme Court Says No in ACLU Litigation?”

By | GlobalTort | February 16, 2017
For persons and entities involved in mass tort claiming and litigation with insurance companies and/or other payors, there’s a new and potentially notable ruling about access to past bills for legal work. The ruling is described in a February 14, 2017 article at JD Supra by Cozen O’Connor.   View Full Post
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Latham’s Commentary On UK Developments: “Reserving Privilege for the Few”

By | GlobalTort | February 15, 2017
Claims for legal advice privilege are becoming more difficult and narrower in the EU, according to a February 10, 2017 article published at JD Supra by Latham & Watkins. The article is: Reserving Privilege for the Few: The High Court Confirms the Narrow Interpretation of “Client” for the Purposes of Legal Advice Privilege. View Full Post
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BSEE Notice to Lessees: Revised OCSLA Civil Penalty Assessment Matrix

By | Louisiana Law Blog | February 14, 2017
BSEE By Tod J. Everage On February 3, 2017, BSEE issued its first Notice to Lessees (NTL) of 2017, advising of the revised OCSLA Civil Penalty Assessment Matrix. For the second time in 6 months, BSEE has increased the maximum civil penalty to $42,704 per day per violation, up from $42,017 per day per violation that was set in July 2016. View Full Post
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Tenant Troubles- a Minefield for the Receiver

By | eSQUIRE Global Crossings | February 14, 2017
Airing LaundryManaging residential tenanted property can be a challenge for receivers. In many cases, it is necessary for them to act as “accidental landlords” to maximise the potential realisations to the appointing lender. These lenders have lent money to companies or individuals who invest in residential blocks and collect rents from their tenants. View Full Post
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What You Do Won’t Help (but What You Can’t Do Might): The Sixth Circuit Clarifies Defenses to Fraudulent Transfers

By | eSQUIRE Global Crossings | February 13, 2017
In Meoli v. The Huntington National Bank (In re Teleservices Group, Inc.), the U.S. Court of Appeals for the Sixth Circuit examined the elements of “good faith” and “knowledge of the voidability of the transfer avoided” that initial and subsequent transferees must establish when defending against fraudulent transfer claims brought under sections 548 and 550 of the Bankruptcy Code. View Full Post
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Massachusetts Bankruptcy Court Sends a Reminder On Avoiding the Substantive Consolidation Trap

By | Distressing Matters | February 13, 2017
There are numerous reasons why a company might use more than one entity for its operations or organization: to silo liabilities, for tax advantages, to accommodate a lender, or for general organizational purposes. Simply forming a separate entity, however, is not enough. Corporate formalities must be followed or a court could effectively collapse the separate entities into one. View Full Post
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