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Wednesday 20th of August 2008 09:09:53 AM

Bankruptcy Cases Straddle Canadian, U.S. Border

Michael MacNaughton practices in Canada, but finds he is learning more and more about U.S. bankruptcy laws. A growing number of his cases involve bankruptcy proceedings in Canada and the United States, requiring him to stay on top of procedures in both countries, he said.

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Wednesday 20th of August 2008 09:09:53 AM

Suit Charges N.J. Title Companies' Rate Setting Violates Antitrust Law

A class-action suit in New Jersey's federal court alleges that title insurance companies in the state are all charging the same premiums, set by a central industry bureau, in violation of antitrust laws. The suit, , names as defendants 25 title insurance companies and the New Jersey Land Title Insurance Rating Bureau, a state-licensed title insurance rating organization that deals with state regulators in setting title insurance premiums.

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Wednesday 20th of August 2008 09:09:53 AM

Trump Amends Suit to Get His Name Scratched From Law Firm Web Site

Donald Trump has opened a new front in a battle with his former lawyers at New York-based Morrison Cohen. Already embroiled in a billing dispute, Trump has filed a separate $5 million suit against the law firm for listing his name and its prior work for him on its Web site. Trump's lawyer says the real estate developer and reality TV star normally receives "millions" for the use of his name.

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Wednesday 20th of August 2008 09:09:53 AM

Four Circuits Split Over Student Loan Debt

Four circuits have split over just when a Chapter 13 debtor may get an "undue hardship" determination in an effort to write off student loan debt, which typically is not subject to a discharge even after the debtor exits bankruptcy. The latest appellate court to weigh in, the 9th U.S. Circuit Court of Appeals, on Aug. 1 sided with the 4th Circuit in allowing much earlier consideration by bankruptcy judges of hardship claims.

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Wednesday 20th of August 2008 09:09:53 AM

Clash Between Trial Bar and Business Expected Over False Claims Act

The federal False Claims Act, the big gun used by private citizens to sue on the government's behalf companies or individuals defrauding the government, may soon be retooled, triggering a confrontation between business and the trial bar. The House and Senate have similar bills pending final action that would make the most substantive changes in the law in 22 years. Backers say the bills are meant to correct Supreme Court and lower court decisions that have misinterpreted and weakened the anti-fraud tool.

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Wednesday 20th of August 2008 09:09:53 AM

Calif. Court Brightens Rule Against Non-Compete Pacts

In a ruling long-awaited by the employment law sector, the state Supreme Court on Aug. 7 effectively rejected the use of most non-competition agreements in California. The unanimous court held that in , "Under the statute's plain meaning, therefore, an employer cannot by contract restrain a former employee from engaging in his or her profession, trade, or business unless the agreement falls within one of the exceptions to the rule."

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Wednesday 20th of August 2008 09:09:53 AM

null: In re Ballard

Federal law did not preclude auto manufacturer from filing unsecured deficiency claim based on state law where Chapter 13 consumer debtor proposed to surrender "910 vehicle" whose value was less than balance remaining on auto loan (applying "hanging paragraph" to cases involving surrender of 910 vehicle).

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Wednesday 20th of August 2008 09:09:53 AM

null: Siepel v. Bank of America, N.A.

Securities Litigation Uniform Standards Act preempted state-law claims that trustee breached fiduciary duty by failing to disclose conflicts of interest in selection of nationally-traded investment securities.

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Wednesday 20th of August 2008 09:09:53 AM

Drug Makers' New Ethics Code Could Create Work for Lawyers

Lawyers say a trade group's new sales and marketing code of ethics for pharmaceutical companies that's designed to help companies avoid government investigations and prosecutions will trigger extensive corporate governance work on behalf of participating companies. The Pharmaceutical Research and Manufacturers of America, or PhRMA, a trade organization for drug makers and research companies, announced a massive overhaul of its ethics code governing companies' interactions with health care professionals, which will become effective in January 2009.

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