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This article summarizes federal legislation attempts during the past 14 years in the areas of online gambling and sport betting, arguably the most contentious gambling industry sectors. The paper first recaps the key pieces of legislation in effect as of mid-2012 governing the U.S. gambling...
Persistent link: https://www.econbiz.de/10013099569
Since 1978, dismissals of involuntary bankruptcy petitions due to petitioning creditors' bad faith have proliferated. In the process, a textual oddity has not gone unnoticed: even as “bad faith” is denominated as the basis for an award of punitive damages, nowhere in the Bankruptcy Code's...
Persistent link: https://www.econbiz.de/10012854641
When examining a corporate taxpayer, the IRS often seeks special accounting documents called tax accrual workpapers. These workpapers often contain privileged documents, but the IRS does not care. It believes it is entitled to the documents despite that the work product doctrine protects the...
Persistent link: https://www.econbiz.de/10013020462
In the middle third of the 19th century Upper Canada (now Ontario) followed by South Australia passed statutes for the legal recognition of religious bodies. The latter statute has already been the subject of a brief history. This article considers the background to the enactment of Upper...
Persistent link: https://www.econbiz.de/10014183142
In the following essay, Almog draws linguistic comparisons between a story by Agnon and the transcript of an actual legal case in modern-day Israel, concluding that the literary text reveals more of the true nature of human conflict
Persistent link: https://www.econbiz.de/10014057897
This article assesses the operation of the Financial Collateral Arrangements (No.2) Regulations 2003 (FCAR), as amended by the Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010. It will be seen that the FCAR has achieved...
Persistent link: https://www.econbiz.de/10013128253
This article seeks to demonstrate that when granting relief under the Cross-Border Insolvency Regulations 2006, the English court may apply foreign law consistent with the US Chapter 15 jurisprudence. Three practical areas where the application of foreign law is often important are bankruptcy...
Persistent link: https://www.econbiz.de/10013138277
While English schemes of arrangement have proved to be a popular restructuring tool for non-English companies, their jurisdiction basis has been controversial. Recent cases (the latest being Re Rodenstock [2011] EWHC 1104 (Ch)) show that the position is far from stable. This article maps out the...
Persistent link: https://www.econbiz.de/10013121376
This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...
Persistent link: https://www.econbiz.de/10013124820
In explaining the concept of centre of main interests (COMI) within the UK Cross-Border Insolvency Regulations 2006 (CBIR), the Englush court in Re Stanford International Bank over-emphasised third-party ascertainability due to an apparent lack of appreciation of the different functions...
Persistent link: https://www.econbiz.de/10013155207