Any export control requirements it has determined apply to contract performance; andThat it has taken appropriate steps to comply with such requirements. Now, go back and read the notice. First, paragraph (e) requires you to make an affirmative determination of which of those many, many statutory and regulatory requirements applies to contract performance. The DOE’s rationale for this requirement is simple – you have a duty to make that determination in any event or you risk violating an applicable requirement. This is true, but it really does beg the question – “If the duty exists independent of the clause, what purpose is served by paragraph (e)?” It cannot be to educate the contractor; the notice in paragraph (c) already lists all the potentially relevant obligations. … [Read more...] about Department of Energy (DOE) Proposes Highly Burdensome Reporting Obligations With Respect To Export Compliance
What does bankruptcy mean
The second obstacle to MX’s smooth landing on Planet Safe Harbor—the Trustee’s argument that did not contain a maturity date and thus did satisfy section 101(25)(A)’s requirement that a forward contract contain a “maturity date more than two days after the date the contract is entered into”—was also overcome. The Court noted that the fact that a contract does not specify a maturity date does not mean it does not have one. Such a conclusion would be akin to concluding that there are no alien life forms simply because the Curiosity has not yet sent a photograph of an alien to Earth through its Mastcam. The court also pointed out that the expert testimony in the bankruptcy court regarding the purposes of forward contracts—to hedge against price fluctuations—landed the contract squarely within the class covered by sections 101(25) and 546(e) of the Bankruptcy Code. … [Read more...] about Curiosity Safe on Mars, Forward Contracts Safe Under Section 546(e) of the Bankruptcy Code
That does not mean that the foreign representative will automatically succeed in invoking avoidance powers in a Chapter 7 or Chapter 11 case: “To be sure, section 1523(a) grants no substantive right of avoidance. Rather it lifts a potential standing roadblock for resort to Chapters 7 or 11.” In re Condor Ins. Ltd., 601 F.3d at 323-24. Even if a foreign representative succeeds in filing a Chapter 7 or Chapter 11 case, the court must still conduct a choice-of-law analysis to determine whether to apply U.S. avoidance law, or another country’s. Compare French v. Liebmann (In re French), 440 F.3d 145, 148 (4th Cir. 2006), cert. denied, 127 S. Ct. 72 (2006) (Bermuda law required actual intent to defraud for avoidance, but U.S. law did not; U.S. law applied after choice-of-law analysis), with Gitlin v. Société Générale (In re Maxwell Commc’n Corp.), 93 F.3d 1036, 1051-53 (2d Cir. 1996) (fraudulent-transfer avoidance actions … [Read more...] about What Avoidance Powers Are Available Under Chapter 15 of the Bankruptcy Code?
Greenfield said he didn’t notice right away that Quijano—whose similar race testimony in five other capital cases prompted new sentencing hearings—was actually a defense witness, though Guerinot’s reputation offers an explanation of sorts for that. “Some think I’m less than kind to the brethren, disinclined to conceal bad things done by lawyers and shift all blame to the players in the system who are acceptable villains to criminal defense lawyers, my assumption here still reflects my bias, that no criminal defense lawyer can be that bad,” Greenfield wrote. “Indeed, they can.” … [Read more...] about Around the Blawgosphere: Pruning Phony Web Client Reviews; What Does It Mean to Be a Virtual Lawyer?
The bankruptcy code states that once a company has Chapter 11 status, there is a stay against “the enforcement … of a judgment obtained before the commencement of the case under this title” as well as “any act to collect, assess, or recover a claim against the debtor that arose before the commencement.” This would give Gawker breathing room, so that they can figure out how they can best operate without having to fork over all of their assets. So even if Gawker loses its appeal against Hogan, they wouldn’t have to pay the $140 million while they have Chapter 11 status, which could last for years. … [Read more...] about Don’t Worry Gawker Fans, Site Won’t Shut Down Even Through Bankruptcy