Business Litigation

Business Litigation

The Connecticut Law Tribune

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Cyber Attacks On Commercial Banks

By SETH N. STRATTON
A recent First Circuit decision is the second recent federal court decision appearing to impose a heavier burden on banks to protect their customers from cyber thieves.
 

Fictitious Entities Can Be Denied Standing

By DAVID DOBIN
A pair of recent Connecticut Appellate Court decisions issued this past summer highlights the pitfalls of doing business using trade names in Connecticut and the importance of naming the proper party as plaintiff in litigation.
 

Stay Ahead Of Curve With 'Voluntary Cure'

By EDWARD J. HEATH and KATHLEEN E. DION
A consumer class action lawsuit often presents a serious threat to a defendant business, exclusive of the substantive merits of the class claims. If a threatened nationwide class action proceeds to litigation, that business is exposed to the risk of a judgment that may include significant monetary and injunctive components.
 


Ruling Protects Secured Creditors' Rights

By IRVE GOLDMAN
When a Chapter 11 debtor proposes to sell secured assets prior to confirmation of a plan, it may not do so without providing its secured creditor with the right to "credit-bid" for the assets. 11 U.S.C. §363(k). "Credit-bid" in this context means bidding for the assets by a credit of up to the full amount of the secured creditor's claim, even when the value of its collateral is worth less, and notwithstanding the general rule in bankruptcy that an allowed secured claim is limited to that value.
 

Litigating In A Cost - Effective Manner

By ANDREW ZWERLING
It is the responsibility of every attorney to endeavor, without exception, to litigate in a cost-effective manner. In this day of burgeoning legal costs and economic distress, however, that responsibility is heightened, and litigators should be even more cognizant of litigation expenses and the need to give considerable thought on if and how such expenses should be incurred.


Conflict Escalation Is More Than A Theory

By PETER BENNER
In any conflict, escalation is natural and, if unchecked, virtually inevitable. Academic research and practical studies provide the supporting evidence - such that conflict escalation theory is now well developed and accepted.

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