BLT: January 2011

Business & Corporate

The Absence of Legislative History Obscures the Plain Meaning of Bankruptcy Code Section 503(b)(1)(A)

Teddy M. Kapur

The author notes that Congress amended section 503(b)(1) of the Bankruptcy Code without any comment. The lack of legislative history has left courts free to interpret the plain meaning of this section. Inconsistent court decisions have proven that the plain meaning is anything but clear.

Business & Corporate

"Pay-for-Delay" Settlements: Antitrust Violation or Proper Exercise of Pharmaceutical Patent Rights?

The author examines the use of reverse payment settlements between pharmaceutical patent holders and generic drug manufacturers. The settlements effectively extend the patent holder’s market exclusivity and profits. Courts are split on the issue of whether and to what extent reverse payment settlements are lawful.

Real Estate

The Legal and Business Case for LEED Certification in the Post-Recession World

The authors provide guidance on LEED certification. In particular, the authors consider the growth of LEED certification, the business case for LEED, the legal risks in LEED certification, and advertising and marketing issues.

Business & Corporate

KEEPING CURRENT: Ninth Circuit BAP Finds Wells Fargo Freeze Policy Violates Automatic Stay

Stephen W. Sather

This article reviews a recent BAP ruling that an administrative freeze policy utilized by Wells Fargo Bank violates the automatic stay under 11 U.S.C. § 362(a). The author summarizes the court’s decision and points out that the decision conflicts with decisions by other bankruptcy courts.

Business & Corporate

TRAINING FOR TOMORROW: Doing Good to Train Well

The author spotlights the Philadelphia Mortgage Foreclosure Diversion Program. A pro bono program developed to provide homeowners an opportunity to negotiate a resolution with the mortgage holder with the assistance of pro bono counsel. The program offers young lawyers an excellent opportunity to develop negotiation skills.

Business & Corporate

FOCUSING ON PRO BONO: A State Bar Steps Up for Small Business

Allyn M. O'Connor

The author highlights the work of Wisconsin’s The Business Assistance Program (BAP), a project of the Entrepreneurial Law Committee of the State Bar of Wisconsin's Business Law Section. Under BAP, section members volunteer to provide up to two hours of free counseling to small and emerging businesses throughout Wisconsin.

Business & Corporate

Inside Business Law

This month’s IBL provides links to Section material on whistleblowers and executive compensation, what the In Pari Delicto doctrine means in bankruptcy, the new Bureau of Consumer Financial Protection, and recent changes to uniform laws, including the UCC.