Features
Michael J. Huft
The article herein examines the issues involved when a tax-exempt organization owns a tract of vacant land that it wishes to develop and lease, so as to realize a stream of income from the land greater than would be realized by a simple sale or lease of the unimproved property.
Features
Thomas E. Spahn
A federal judge recently concluded in a widely reported option backdating case that the California law firm Irell & Manella had "compromised ' important principles" involving the "fair administration of justice."
Features
Jefferson M. Gray
The Madoff detention litigation has revived longstanding questions about whether pretrial detention can ever be based solely on economic dangerousness. This article discusses the issue in depth.
Features
Michael L. Cook
The U.S. Court of Appeals for the Seventh Circuit held on May 5, 2009, that two secured lenders were fully secured, "entitled to a full recovery" from the debtor despite the bankruptcy court's improper valuation of the collateral (improved airport terminal space) securing the lenders' underlying $60 million loan. <i>In re United Air Lines, Inc.</i>
Features
Adam L. Rosen
&
Anthony Michael Sabino
In 2005, Congress added Code ' 503(b)(9) and created a new administrative claim which, in effect, creates a class of "critical" pre-petition creditors that debtors can pay without court authority. The creditors in this entitled class did nothing more than deliver goods to the debtor within 20 days prior to the petition date. Interestingly, the section provides no similar relief to providers of services or any class of lender.
Features
Michael J. Sage
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Steven B. Smith
The absolute priority rule is supposed to provide some measure of order and certainty in the world of Chapter 11. But bankruptcy practitioners know that the mere inclusion of the word "absolute" in the rule's name does not make it so.
Features
John D. Shyer
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Amy S. Donovan
On Feb. 1, 2009, amendments to certain provisions of New York law went into effect that will have a profound effect on the manner in which New York employers review job applications, especially from applicants who have a record of criminal offenses.
Features
Charles Kennedy
On June 4, the FTC announced a proposed consent agreement with Sears Holdings Management Corporation. The government makes note that the settlement is not final and does not include any finding of wrongdoing by SHMC, but that the working settlement sends a strong signal that the FTC will subject online tracking of consumer behavior to a stringent standard of disclosure.
Features
Stan Soocher
Copyright Infringement/Parody Defense<br>Film Production Insurance/Green-Light Endorsement<br>Right of Publicity/Newsworthiness Defense
Features
Stan Soocher
Malpractice Suit over Sound Recordings Is Reinstated<br>Counsel Withdrawal Motion Granted
