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It is well-settled that if you are a debtor in chapter 11, you do not have the unfettered right to convert the case to a chapter 7 liquidation. A recent 10
th Circuit decision shows why.
The debtor had married into a family that owned real estate assets in New Mexico, Colorado and Arizona and lived off income from two spendthrift trusts formed by his late wife. The debtor and his two brothers-in-law served as co-trustees of both trusts. Despite receiving annual distributions from the trusts of approximately $800,000, Kearney sued his co-trustees in 2013, asserting improper management of the trusts.
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With a dizzying array of state privacy laws on the horizon, the prospect of a federal solution has come into sharp focus. Rather than a patchwork of regional legislation, a comprehensive national framework would potentially govern the precautions that companies must take when electronically collecting, using and storing customers’ personal information, regardless of where in the country the company or the consumer is located. That is the current situation in the European Union under the General Data Protection Regulation (GDPR), and has been for many years. It might one day be the case in the United States as well, if advocates of omnibus federal data privacy legislation have their way.
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Stephen Younger knows a thing or two about New York’s legal market, as a former New York State Bar Association president who spent 35 years at Manhattan’s Patterson Belknap Webb & Tyler. Now, he’s thinking about how that market could change, as he makes his own leap, changing law firms for the first time to join Boston-based Foley Hoag as a litigation partner.
Reuters recently spoke with Younger about why he made the move, where he sees New York’s legal market headed and more. This interview has been edited for clarity and length.
To read the full story on Westlaw Today, click here: bit.ly/2OpxfzY
This blog previously reported on the Seventh Circuit oral argument in
Bell v. Albertson Companies Inc. a case turning on whether a reasonable consumer would understand the phrase “100% Grated Parmesan cheese” on a cheese canister to mean that the product contained literally
nothing but cheese. The Defendants had argued that reasonable consumers could not be deceived by such a claim, even though their products contained a small amount of cellulose powder and potassium sorbate mixed in with the grated Parmesan to act as a preservative. This was so, they maintained, since (1) the ingredient list expressly disclosed that non-cheese ingredients were present in the canisters, and (2) the canisters’ position on unrefrigerated store shelves should have signaled that a preservative was present. The district court dismissed these “100% claims” for failure to state a claim, and Plaintiffs appealed.
Aggravated Identity Theft Conviction Affirmed Despite Ambiguous Statutory Language | Patterson Belknap Webb & Tyler LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.