And time and again, courts have turned away challenges to the FISA process based upon the same argument–that the FISC violates Article III as so constituted (see, e.g., footnote 19 of the FISA Court of Review’s 2002 decision in In re Sealed Case). [read post]

It's a good thing we made the effort to fully document the deal because it threatened to fall apart over all of the following terms: the dismissal of ancillary proceedings forbearance from inducing future actions by non-parties liquidated damage clauses for the breach of certain critical deal points indemnification for future actions if induced by certain of the parties Each of these items required separate negotiation and compromise and as to each I helped… [read post]