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“REACH” Registration, Evaluation, Authorization and Restriction of Chemicals: An Overview of the EU’s New Directive
01/24/2008
Edward A. Cohen

The European Union (“EU”) has a new directive – REACH (Registration, Evaluation, Authorization and Restriction of Chemicals). REACH requires EU companies to register their chemical substances before placing them on the EU market. Although REACH does not technically apply to U.S. businesses per se, it will still have an impact – possibly a profound impact – on U.S. businesses, particularly those involved with the chemical industry and those whose products may be headed for the EU.

A Review And Analysis Of Selected Post-Confirmation Activities In Chapter 11 Reorganizations
10/12/2004
David A. Lander

During the past several years there has been considerable post-confirmation activity in chapter 111 bankruptcy cases. This activity consists primarily of delayed challenges to the plan of reorganization, requests to interpret, modify or enforce the terms of the plan, and efforts to enforce pre-filing obligations of the debtor against third parties. The purpose of this article is to review these cases in order to elucidate the rules that govern certain of these post-confirmation activities.

An Analysis And Comparison Of The Nondischargeability Provisions of Chapter 11 And Chapter 13 Of The Bankruptcy Code
10/13/2004
David A. Lander

This article will provide an analysis and comparison of the provisions of the Bankruptcy Code that deal with nondischargeability of debts in cases under chapter 11 and chapter 13 of the Bankruptcy Code.

On the basis of this analysis and comparison, this article will suggest changes that will not only meet the policy goals of chapters 11 and 13, but also will make treatment of nondischargeable debts more coherent and internally consistent.

Banking Law Update - Winter 2003
02/28/2003

This newsletter details issues surrounding "In-Lieu" financing statements under revised Article 9 of the UCC.

Case Serves as Good Example of Shifting Legal Landscape
08/12/2000
Richard S. Cornfeld

Is the livestock industry the latest multimillion-dollar target of the plaintiffs' personal injury bar? Companies in other industries, from asbestos to pharmaceuticals, are used to being hauled into court by lawyers accusing them of all sorts of nefarious conduct. Most livestock producers don't know what that is like -- and hopefully, never will.

Changes to Phase 1 Environmental Site Assessment Requirements Will Be Effective November 1, 2006
09/21/2006
Crystal M. Kennedy

Since the enactment of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) in 1980, the commercial real estate industry has had to deal with the harsh reality that a current owner or operator of a contaminated property could be held responsible for cleanup of the contaminated property -- regardless of whether it had anything to do with causing the contamination.

Choosing a Legal Entity to Hold Real Estate
08/18/2006
Steven B. Gorin

A limited liability company (LLC) is a business entity that generally has liability protection similar to that of a corporation. However, for federal tax purposes, an LLC is treated as follows...

Court Case Extends Protection to Expression Via E-mail Systems
09/08/2003
Mark Sableman

In Intel v Hamidi, the California Supreme Court addressed the key distinction between spam and free speech.

Does Your Employer's Retirement Plan Permit Distributions Over Your Children's Lifetimes? - If Not, Directing the Plan to Buy an Annuity May Avoid Such Restrictions
11/13/2002
Steven B. Gorin

(A) little known solution: buying an annuity. We call on companies to offer employees annuity options. It will cost them little, and it is a very valuable benefit. We also alert insurers that there is an excellent opportunity here if they make their annuity investment strategies more flexible.

Drug Manufacturers’ First Amendment Right to Advertise and Promote Their Products for Off-Label Use: Avoiding a Pyrrhic Victory
12/13/2003
Ann Elizabeth Blackwell

Pharmaceutical companies may prevail in a First Amendment challenge to FDA's restriction of off-label promotion, but that victory might lead to regulation even less desirable.

Food and Drug Law Journal 58:3.

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