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In re Charter Communications, LLC. [8] The first lien lenders objected to the reinstatement of the prepetition US$8.2 billion credit facility on the grounds that (a) there had been certain prepetition nonmonetary defaults by the borrower that could not be cured, (b) the equity interests received by the noteholders&rsq [read post]
30 Apr 2010, 5:00 am by Bexis
P. 26(a)(2)(B), which mandates broad disclosure and contains a comment that most courts have interpreted as overriding work-product and even attorney-client privileges with respect to anything that's shown to an expert, even if the expert does not rely.That language, and how courts intrepreted it, led to a log of unintended consequences. [read post]
30 Apr 2010, 12:49 am by INFORRM
  Statutory torts of privacy have been introduced in four provinces of Canada (Privacy Act 1996 RSBC c 373 (British Columbia), Privacy Act CCSM s P125 (Manitoba), Privacy Act 1978 PSS c P-24 (Saskatchewan), Privacy Act 1990 RSNL c P-22 (Newfoundland and Labrador)). [read post]
29 Apr 2010, 5:28 pm by Robert J. McKennon
Ct. 2343 (2008), the Court reaffirmed Firestone’s adoption of a deferential standard of review under section 1132(a)(1)(B). [read post]
29 Apr 2010, 12:24 am
 To promote this belief the OECD has developed a tax standard that is contained in the article 26 of the OECD Tax Convention and the 2002 Model Agreement on Exchange of Information on Tax Matters. [read post]
23 Apr 2010, 8:16 am
When Quixtar was sued in a purported "class action" under allegations of RICO violations and California's B&P Code section 17200 for allegedly operating an illegal pyramid scheme, Quixtar attempted to have the case dismissed or ordered to arbitration pursuant to its standard ADR agreement. [read post]
19 Apr 2010, 4:28 am by Steve McConnell
Last August the court found that the new information showed that the expert's study was unreliable (to put it charitably), and that "[p]eer review and publication mean little if a study is not based on accurate underlying data. [read post]
18 Apr 2010, 5:47 am by Mark Zamora
P. 30(c)(2).The instruction not to answer on 30(b)(6) scope grounds was improper because FSI was not seeking to preserve a privilege, enforce a limitation ordered by the court or in order to present a motion under Rule 30(d)(3).[ 2 ]The two leading cases on the scope of a Rule 30(b)(6) deposition are King v. [read post]
17 Apr 2010, 5:24 am by Andrew Frisch
§ 216(b) (“The court in such action shall, in addition to any judgment awarded to plaintiff or plaintiffs, allow a reasonable attorney’s fee to be paid by the defendant, and costs of the action. [read post]
16 Apr 2010, 6:00 am by Steven Peck
Ove Nielsen appeals from a protective order issued against him under the Elder Abuse and Dependent Adult Civil Protection Act (Welf. [read post]