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The U.S. Supreme Court recently ruled in the case of Padilla v. Kentucky, deciding that if an immigrant is wrongly advised by his criminal defense attorney about the immigration consequences of a crime that the pertinent information is prejudiced and cannot serve as grounds for automatic deportation. Padilla, a Vietnam veteran, had been a perman… Continue The first thing that a litigator should do when served with an expert designation in a federal case is ask: "Is the subject matter of the proposed expert’s testimony admissible under the Federal Rules of Evidence?" Just because one may be unable to mount an attack on the credentials of an opponent’s proposed expert, does not mean that the expert’s testimony is admissible under the Federal Rules of Evidence. One such example is when an expert is designated to opine as to pure legal issues. When a corporation decides to liquidate or wind-down there are several alternatives that should be considered: bankruptcy, receiverships, workouts or non-judicial liquidations. However, in Kentucky and many other states, corporations, individuals and other business entities have another underutilized liquidation/wind down option: an...
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