Oil and gas and the Empire State
Does a state's years-long ban on the fracking of oil and gas wells extend the "primary" term of a lease until the ban ends, allowing the frackers who couldn't frack more time to come back and frack?
This week, the highest court of an important commercial state that
A way out of arbitration?
A new Ninth Circuit decision points to a possible way to avoid arbitration clauses in the take-it-or-leave-it "adhesion" contracts that electronic retailers post on their websites.
Online vendors want you to accept their terms of service. That way, you will bind yourself to a form contract that mainly favors the
The hey-day for exotic bets on credit risk spanned most of the first decade of the 21st century. The popping of the housing bubble in 2008 did it in. People lost homes that they bought with debt they couldn't repay; and plenty of investors watched in horror as the value of the junk they'd bought — collateralized debt
You don't get to meet the Chief Judge of a U.S. Court of Appeals every day. Unless perhaps you work for her or belong to his nuclear family.
Blawgletter had the honor of having a visit with Chief Judge Dennis Jacobs, who presides over the Second Circuit, at our firm's open house last week in
You'd think that a corporation would have to have some gall if it sued its officers and directors for prolonging its life.
Even if they defrauded lenders out of the money that kept the firm chugging far past the point of genuine insolvency.
Does the situation change if the company ends up in chapter 11 and the bankruptcy
Blawgletter laments that most cases involving the worst instances of fraud suffer from a sad but inexorable fact: the victims' money has vanished.
Just ask the people who trusted their savings to Bernie Madoff, for instance.
Judges (and, occasionally, juries) struggle with competing urges in such cases. On the one hand, they want to find a way to right the wrong.