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Commercial Law

  • As the economy contracts and many companies are facing bankruptcy, a key question concerns the status of the IP that may have been assigned, transferred, sold or licensed if one of the parties to the transaction declares bankruptcy. This article discusses the issue.

    January 26, 2010Peter J. Toren
  • In all too many cases, once reliable tenants are leaving landlords with only a security deposit to fall back on. In addition, if the security deposit is in the form of a letter of credit (LOC), now more than ever the landlords must also keep one eye on the financial stability of the LOC issuer.

    January 26, 2010Adam Walsh and Eric Greenberg
  • It is extremely constructive to review some of the big mistakes that can be avoided by proper planning and guidance. This two-part article will provide a list that is by no means exhaustive, but an awareness of these problems, will help start the search on the right track.

    January 26, 2010Douglas E. Simon and Richard A. Bendit
  • Although harnessing the sun's energy through photovoltaic solar panels is not a new idea, due to recent advancements in technology and tax incentives (including the 30% tax credit contained in last year's stimulus plan), the cost-efficiency of these systems has improved significantly.

    January 26, 2010Preston Brooks and Andrew Kim
  • Over the past several months there has been a slew of public pronouncements that should put financial institutions on edge. Enhanced enforcement of the Foreign Corrupt Practices Act (FCPA) is now migrating into the financial sector and linking up with anti-money laundering (AML) and Office of Foreign Assets Control (OFAC) compliance requirements.

    January 26, 2010Michael Zeldin and Miriam Ratkovicova
  • A pair of recent Supreme Court cases built upon the Sixth Amendment's Confrontation Clause, Crawford v. Washington and Melendez-Diaz v. Massachusetts, have given criminal defense attorneys potent new weapons to challenge forensic evidence proffered by the government

    January 26, 2010Marjorie J. Peerce and Elizabeth S. Weinstein
  • The uptick in implosions of high-profile criminal cases has been cause for concern among the DOJ's most ardent supporters. Policymakers need to ask whether the DOJ is doing as much to mitigate its own risks of employee misconduct as it requires of the companies it investigates and prosecutes.

    January 26, 2010Jim Walden and Georgia Winston
  • This article concludes last month's article on the ability of a secured creditor to credit bid its claims at a sale under ' 363(k) or ' 1129(b)(2)(A)(ii).

    January 25, 2010James H.M. Sprayregen, Christopher J. Marcus, David A. Agay and Benjamin J. Steele
  • The intersection of bankruptcy and federal and state receiverships has become a fairly regular occurrence around the country. Cases from Florida, Georgia, Minnesota, New York and Oregon evidence that such incidents are taking place all across the country. There is a tension reflected in some of the cases between the primacy of the orderly and well-developed bankruptcy structure as compared with the much less structured alternative of receivership proceedings.

    January 25, 2010R. Todd Neilson and Grant T. Stein
  • Knowledge of Royalty Settlement Starts Malpractice Limitations Period

    December 21, 2009Stan Soocher