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In Teleglobe USA Inc. v. BCE, Inc. (In re Teleglobe Comm’ns Corp.), 493 F.3d 345 (3d Cir. 2007), the Third Circuit addressed in detail Delaware law concerning the attorney-client privilege in the context of affiliated corporations.
You are defending a client in a preference action, and the client tells you that its main contact at the pre-petition debtor was Bob Jones, the head of purchasing. Mr. Jones left the debtor before the petition filing, but your client knows how to contact him. Your discussions with your client suggest that Mr.
Your client is getting ready to sign an agreement with another party. Maybe it is a loan document. Maybe it is an offer to purchase. Somewhere near the end of the agreement, you see that there is bold, capitalized language indicating that by signing this agreement, your client will waive its right to a trial by jury. It is standard in nearly all contracts so you do not even bat an eye about advising your client to sign. After all, what are the benefits to having your case heard by a jury?
ABI's 26th Annual Spring Meeting, the networking and CLE event of 2008, will be held April 3-6 at Washington, D.C.'s Renaissance Hotel in the Nation's Capital! Join us during cherry blossom season for exciting and informative sessions, including a luncheon keynote by Supreme Court Justice Samuel A. Alito, Jr.
The Bankruptcy Litigation committee will meet jointly with the Unsecured Trade Creditors committee on Saturday, April 5, from 8:00 to 9:30 a.m.
At the Winter Leadership Conference, the Bankruptcy Litigation Committee and the Commercial Fraud Task Force presented a joint program in the form of a mock hearing on a motion to appoint a trustee. The co-chair of the Litigation Committee Judge Barry Russell, presided, and kept all attendees (and presenters) in suspense until the conclusion of the hearing.
At the Winter Leadership Conference, the Bankruptcy Litigation Committee and the Commercial Fraud Task Force presented a joint program in the form of a mock hearing on a motion to appoint a trustee. The co-chair of the Litigation Committee, Judge Barry Russell, presided, and kept all attendees (and presenters) in suspense until the conclusion of the hearing. Dramatic testimony was offered by Cyrus Pardiwala, playing the CPA for the moving party seeking the trustee and also the evil twin CPA for the Debtor seeking to remain in possession.
ABI's 26th Annual Spring Meeting, the networking and CLE event of 2008, will be held April 3-6 at Washington, D.C.'s Renaissance Hotel in the Nation's Capital! Join us during cherry blossom season for exciting and informative sessions, including a luncheon keynote by Supreme Court Justice Samuel A. Alito, Jr.
At the Winter Leadership Conference, the Bankruptcy Litigation Committee and the Commercial Fraud Task Force presented a joint program in the form of a mock hearing on a motion to appoint a trustee.
Your client is getting ready to sign an agreement with another party. Maybe it is a loan document. Maybe it is an offer to purchase. Somewhere near the end of the agreement, you see that there is bold, capitalized language indicating that by signing this agreement, your client will waive its right to a trial by jury. It is standard in nearly all contracts so you do not even bat an eye about advising your client to sign. After all, what are the benefits to having your case heard by a jury? Jury trials take longer, and juries are unpredictable.
At the Winter Leadership Conference, the Bankruptcy Litigation Committee and the Commercial Fraud Task Force presented a joint program in the form of a mock hearing on a motion to appoint a trustee. The co-chair of the Litigation Committee, Judge Barry Russell, presided, and kept all attendees (and presenters) in suspense until the conclusion of the hearing. Dramatic testimony was offered by Cyrus Pardiwala, playing the CPA for the moving party seeking the trustee and also the evil twin CPA for the Debtor seeking to remain in possession.
