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When Is A Repurchase Agreement Not A Repurchase Agreement? Testing The Limits Of Bankruptcy Protections Afforded Mortgage Loan Warehouse Providers
The title of this article may sound like a trick question, but American Home Mortgage Corp. ("American Home"), a residential mortgage loan originator and Chapter 11 debtor in Delaware Bankruptcy Court, became the first originator to seriously pose this question and challenge the safe harbor...
Read MoreSecond Circuit Provides Clearer Picture On False Advertising Doctrine
In August 2007, the Second U.S. Circuit Court of Appeals issued an opinion concerning certain DIRECTV advertisements that provided a clearer picture on its false advertising doctrine. It modified the District Court's ruling banning DIRECTV from disseminating in any Time Warner Cable, Inc. ("TWC")...
Read MoreAdvertising, Marketing And Promotions: What's On The Agenda For 2008?
Editor: Would each of you gentlemen give our readers some idea of your professional experience? Urbach: I have been with Davis & Gilbert since graduating from law school at Washington University in St. Louis and am currently a member of the firm's management committee. I am also Co-Chair of...
Read MoreAdvertising, Marketing And Promotions Law Year In Review
The year came in with a scare - but fortunately not a bang - when Boston police arrested two men in connection with a suspicious device alert that turned out to be a guerilla marketing ploy for a late night cable cartoon. Turner Broadcasting, the parent company of the Cartoon Network, said the...
Read MoreKeyword Advertising: Still Under Construction
Introduction U.S. court decisions concerning Internet keyword advertising reflect an inconsistency in reasoning, particularly on the threshold question of whether the sale and purchase of another's trademark as a keyword constitutes "use" of that mark. This article reviews recent cases, and...
Read MoreEmployment Law News: A Recap Of Recent, Notable Developments
Over the last several months, there have been several important employment law developments. The following are general summaries of some of these developments. Readers are advised to contact employment counsel for a more comprehensive review of the topics discussed below. Are You Stereotyping...
Read MoreWho's On The Move? Protect The Assets That Ride Up And Down In Your Elevator
Editor: Mr. Lasky, would you tell our readers something about your responsibilities at Davis & Gilbert? Lasky: I co-chair Davis & Gilbert's Litigation Department. I also oversee the pro bono activities of the firm and am a member of the firm's management committee. Editor: In addition to...
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