Month: February 2014

Is a Credit Cap Bid in Your Future?

In a much criticized decision, a bankruptcy court in Delaware recently held that cause existed to limit a secured creditor’s right to credit bid its claim at the amount it paid to purchase the claim.  In re Fisker Automotive, 2014 WL 210593 (Bankr. D. Del. 01/17/2014). Fisker, involved in green energy, manufactured electric vehicles financed …

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Texas Expedited Trial Rules: Removal from the Expedited Actions Process

This is the fourth and final post in a series discussing the new rules for Expedited Actions in Texas mandated by the 2011 Amendments to Texas Government Code § 22.004(h) and implemented through the Texas Rules of Civil Procedure, including amendments to Rules 47 and 190, and the addition of new Rule 169. In many …

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Blackmail Ransomware: Beware!

This week, the Federal Trade Commission and Federal Bureau of Investigations issued a warning about an aggressive blackmail ransomware referred to as Cryptolocker.  Cryptolocker first appeared last fall and again this winter in an updated, copy-cat version. The ransomware uses strong cryptography to encrypt all files that an infected computer has access to and demands …

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Texas Expedited Trial Rules: Trials Under the Expedited Action Rules

This is the third post in a series discussing the new rules for Expedited Actions in Texas mandated by the 2011 Amendments to Texas Government Code § 22.004(h) and implemented through the Texas Rules of Civil Procedure, including amendments to Rules 47 and 190, and the addition of new Rule 169. As previously discussed, Rule …

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Texas Expedited Trial Rules: Discovery Under the Expedited Action Rules

This is the second post in a series discussing the new rules for Expedited Actions in Texas mandated by the 2011 Amendments to Texas Government Code § 22.004(h) and implemented through the Texas Rules of Civil Procedure, including amendments to Rules 47 and 190, and the addition of new Rule 169. The new Expedited Action …

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Getting “Hometowned”: U.S. Supreme Court Enforces Forum Selection Change

Forum selection clauses in contracts are important terms which govern where a certain dispute will be litigated.  For example, parties to a contract which provides for performance in one state may agree that all disputes will be litigated in another state.  Forum selection clauses are not to be confused with choice of law provisions in …

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