Bankruptcy Litigation

Asset Sale Appeals Are Moot Even if There Is a Jevic Violation, First Circuit Says

Waiving the automatic stay and immediately closing a sale does not make Section 363(m) inapplicable.

Circuit Split Deepens on Rejection of Trademark Licenses

First Circuit follows the Fourth Circuit’s Lubrizol and rejects the Seventh Circuit’s Sunbeam.

Third Circuit Pushes Back on Widespread Invocation of Rooker-Feldman

A federal court can undermine a state court judgment without offending Rooker-Feldman, Third Circuit says.

Bankruptcy Courts Cannot Impose Punitive Contempt Sanctions, District Judge Says

Circuits split on power of bankruptcy courts to impose punitive or criminal contempt sanctions.

The Effective Cross Examination of Expert Witnesses: An Art, Not a Science

E-Discovery: How to Avoid Being TARred and Feathered

Extraterritoriality of Avoiding Powers Goes to the Second Circuit

A split of circuits will result if the Second Circuit does not reverse a Madoff decision.