Litigation

SSPA Non-Contravention Standards
State courts play an important "gatekeeper" role for structured settlement factoring transactions. IRC section 5891 imposes a 40 percent federal excise tax if a factoring transaction does not receive required state court approval...

Taxation of Confidentiality Agreements
An issue has arisen in recent years about the taxability of personal injury settlements when a confidentiality agreement is reached. Generally, such settlements are not taxable pursuant to IRS section 104(a)(2)...

Structured Settlement Transfers in Rhode Island
During the past three weeks, The Providence Journal has published two articles by Staff Writer Edward Fitzpatrick about structured settlement transfers (aka factoring) in Rhode Island...

Do you need a signed confidentiality agreement before you send a firm an RFP
General counsel, of the species homo lex riskus aversus, instinctively want to clothe their request for proposal in the chain mail of a non-disclosure agreement (See my post of May 3, 2007: NDA?s and confidentiality commitments...

Portnoy v. Cryo-Cell: Vote Buying, Manipulation of the Voting Process, and the Race to the Bottom (Part 5)
We are discussing Portnoy v. Cryo-Cell, CA No. 3142-VCS, Del. Ch., Jan. 15, 2008, a 73 page tome.  Primary materials, including the case, can be found at the DU Corporate Governance web site...

Would Have, But . . . Should Have, But . . . Could Have, But . . . Didnt!
In Leff and Physicians Financial Consultants Corporation v. Ecker, M.D., 972 So.2d 965 [Fla. 3rd DCA 2007], the plaintiff went into the mediation conference without a clear picture of what the insurance policy limits were...

Prenuptial Agreements
Make an Airtight Prenuptial Agreement

Uniform Pre-marital Agreement Act
Standard Prenuptial Law

Oil and Gas
industry workers allegedly subject to serious accident injury from hazardous conditions.

Automated Calls
Voice Mail Broadcasting Corp. pays $180,000 FTC settlement for telemarketing violations.

Bell Canada
alleging wrongful charging for long distance phone calls

Loan Agreement
Vernalis to pay Endo Pharmaceuticals $7 million settlement.

Merger Agreement Rejected
Finish Line and Genesco reach $175 million settlement in merger dispute.

Compound License
Palatin Technologies pays Competitive Technologies $800,000 agreement dispute settlement.