The First Two Delaware Decisions. In the past two months, I have reported on decisions by two Delaware bankruptcy judges in the In re Washington Mutual, Inc. case and in In re Premier International Holdings, Inc. (aka, the Six Flags case), taking opposing views on whether Federal Rule of Bankruptcy ...

That’s the odd result of Haskell v. Brown, decided a month ago by Judge Charles Breyer of the Northern District of California. Judge Breyer (not to be confused with Justice Stephen Breyer, his brother) refused to preliminary enjoin the collection of cheek swab samples from arrestees, largely becaus ...

Some predictions too: Evolution of the Book Stephen

I talk a lot on these electronic pages about compliance. Its really, from my perspective as a litigator, an ERISA lawyer’s take on the old sports saw that the best defense is a good offense. I often say that, in this economy and this investment market, any problems in the operations of a plan ...

If you live in San Jose and have ever taken a ride in an elevator, shopped at a department store, or possibly been placed on hold, you no doubt have had the dubious honor of being privy to the sounds of background music programming. Now, what San Jose residents may not know is that some entity prog ...

The New York Times is reporting that psychologist Jack Block, 85 has died. A renowned researcher, Mr Block' s most famous study was a longitudinal one of a group of children from the age of 3 through to when they turned 32.As part of that study, in 1986:[The researchers, including Block] examined me ...

The distinction between ‘professional misconduct’ and ‘unsatisfactory professional conduct’ is usually elusive.  Guidance from an appellate court in relation to cognate legislation is therefore valuable.  It seems that one instance of ‘incredibly sloppy’ work invo ...

Stephen M. Walt at Foreign Policy writes: If [Friday]'s New York Times was reporting accurately, you should be very skeptical of anything that Afghan commander General Stanley McChrystal says. Not because he's inherently dishonest, mind you, but because misleading everyone about the situation in ...

After 3 teenagers left a diner they were victims of a fatal car accident. In order for the bodies to be removed from the wreckage it took five hours. One of the Passengers wasn’t wearing her seat beat and died at the scene. The blame was on speed and the inexperience of the driver. Within the year t ...

Jeff de Cagna at Principled Innovation blog notes his Top Ten 2010 Trends for Associations: 1. Content Conflict 2. Curate to Innovate 3. Intelligent Data 4. Location Local 5. Micro-Contributors 6. Mobile Everything 7. Mobile Professional Culture and Practice 8. Power of Design 9. Privacy-Intimacy Te ...