Some circuit courts had issued fairly hard to fathom opinions immunizing some corporate  transactions from fraudulent conveyance claims if banks (and others) were involved in moving money as pass-through entities. The Seventh Circuit disagreed, and created a circuit split. SCOTUS has now blessed the Seventh Circuit’s reasoning. View Full Post
#JetMidwest Group, LLC files for Bankruptcy Protection On her The Bottom Line 11 blog, Fox partner Mette Kurth discussed the recent bankruptcy filing of aircraft service provider Jet Midwest Group: Jet Midwest Group, LLC (“Jet Midwest”) a Kansas City-based aircraft service provider, has sought chapter 11 protection in Delaware in the hope of sorting through a fleet of litigation challenges. View Full Post
Innovative hearings continue regarding presentations of scientific data regarding alleged toxins.  The newest example is this week “science week” regarding lawsuits related to Monsanto’s glysophate. A summary of day 1 is available through a March 6, 2018 article at LAW360 (paywall). View Full Post
I’m an optimist about science and the future. But some people are not so optimist, or at least focus on negative possibilities. An open access article from Science provides a pretty good set of hypothetical future books/films that might be as groundbreaking as was Frankenstein. View Full Post
New thinking, new technology and innovation offer interesting new possibilities for manufacturers seeking to avoid potential health risks and reducing expenses over the long term. An easy to appreciate example involves the finish of blue jeans, and is reported in some detail in a February 27, 2018 article at Quartzy. View Full Post
By Erin L. Kilgore It’s been a busy end of February.  For employers, the past two weeks have included several notable decisions: Dodd-Frank Does Not Protect In-House Whistleblowers Last Wednesday, on February 21, 2018, the United States Supreme Court unanimously held that the anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) does not apply to employees who report alleged violations internally.  View Full Post
Looking Behind the Label: The Ninth Circuit Rules on Purported Factoring and the Perishable Agricultural Commodities Act On February 22, 2018, the Ninth Circuit Court of Appeals – sitting en banc – issued an opinion, S&H Packing & Sales Co., Inc. v. Tanimura Distributing, Inc., where the court analyzed competing rights and obligations related to the Perishable Agricultural Commodities Act (“PACA”) and purportedly secured transactions. View Full Post