We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results:1-10 of 4,278

Going Once, Going Twice: Avoiding a Prepetition Foreclosure Sale in Chapter 11
  • Weil Gotshal & Manges LLP
  • USA
  • October 22 2018

Among the many protections afforded creditors under the Bankruptcy Code is the estate’s ability to avoid transfers made before the petition date that


What Am I Doing Wrong?? Common FMLA Mistakes
  • Jackson Lewis PC
  • USA
  • October 22 2018

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the eighteenth in a


Legal Alert: Patronage capital update
  • Eversheds Sutherland (US) LLP
  • USA
  • October 18 2018

The federal courts of appeals have generally recognized that electric cooperatives can retire patronage capital to their members through means other


Two Circuits Limit Creditors’ Setoff Rights in Bankruptcy Cases
  • Schulte Roth & Zabel LLP
  • USA
  • October 18 2018

“The right of setoff allows entities to apply their mutual debts against each other to avoid the pointless exercise of ‘making A pay B when B owes A


Third Circuit Allows Medical Monitoring Claims to Proceed for Groundwater Contamination at Willow Grove and Warminster Naval Facilities
  • Manko Gold Katcher & Fox
  • USA
  • October 11 2018

Last week, the United States Court of Appeals for the Third Circuit resurrected two separate lawsuits filed by residents living near the Willow Grove


Court Rules that One-Time Voluntary Separation Program is Not an ERISA Plan
  • Jackson Lewis PC
  • USA
  • October 11 2018

Whether a one-time voluntary separation program should be treated as an ERISA-covered severance plan depends on whether the program requires an


Third Circuit Decides That “All Costs” Means “All Costs”
  • Davis Wright Tremaine LLP
  • USA
  • October 10 2018

Courts have often noted that CERCLA is not a model of drafting excellence, and that some of the statute’s definitions are simply tautologies, e.g


Third Circuit Holds Current Owners May Be Liable for Past Remediation Costs Under CERCLA
  • Manko Gold Katcher & Fox
  • USA
  • October 10 2018

Last week the Third Circuit held that the owner of a remediated site could be liable under CERCLA 107(a) for environmental response costs incurred


Government Urges Reversal of Third Circuit Fosamax Decision
  • Reed Smith LLP
  • USA
  • October 9 2018

We would be hard pressed to think of a recent judicial decision we have blasted as hard or often as the Third Circuit’s Fosamax opinion. We deemed it


Stern Challenge to Third-Party Plan Releases Fails in Delaware
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • October 5 2018

In hindsight, it seems inevitable that constitutional and other jurisdictional problems would arise when Congress, in enacting the Bankruptcy Reform