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A Cure By Any Other Name
Section 1123 (a)(5)(G) of the Bankruptcy Code provides that, “[n]otwithstanding any otherwise applicable nonbankruptcy law, a plan shall ' provide adequate means for the plan's implementation, such as ' curing or waiving of any default.” But what, exactly, does it mean to cure a default?
The concept of a “cure” ' both in life and law ' suggests a return to the status quo: What once was ill is ill no longer. However, courts have struggled to come to a consensus on the meaning of cure. With respect to a secured loan, we are all familiar with two standard remedies afforded to a lender as a cure for a sick loan ' default interest and late fees. The question has long been the extent to which a secured lender remains entitled to one or both of these remedies as a condition to cure in a confirmed Chapter 11 plan.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.