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Litigation

  • With Uncertainty As to When the Pandemic Will Ease, Bankruptcy Courts Do Not Seem to Be a Panacea Leading to Successful Reorganizations or Orderly Liquidations for Troubled Companies The impact of COVID-19 on efforts of businesses to reorganize or even orderly liquidate in bankruptcy has been swift and devastating

    May 01, 2020Joseph H. Lemkin
  • In April, a U.S. District Judge tossed a six-count, $100 million-complaint against Universal Music Group that was filed after a 2008 warehouse fire that reportedly destroyed master recordings. The class action was originally brought by or on behalf of recording artists. After the ruling, Gibson, Dunn & Crutcher partners Scott Edelman and Deborah Stein and associate Nathaniel Bach, who served as defense counsel in the litigation, discussed the case.

    May 01, 2020Jenna Greene
  • There are currently several bills in various stages of being passed into law in several states as of early April, which would restrict, on a temporary basis, the eviction of commercial tenants from their leased premises for failure to pay rent, Whether these bills get signed into law and survive judicial scrutiny remains to be seen. The question then is whether a landlord may enforce the security deposit section of its lease and take the deposit should the tenant miss a rent payment.

    May 01, 2020Ira Fierstein
  • Effective corporate collaborations — whether close customer relationships, supplier partnerships or formal joint ventures — demand that sensitive information be shared. Without proper agreements and well-defined boundaries, however, those corporate collaborations can lead to loss of trade secret protection and entangle the parties in litigation.

    May 01, 2020Felix Eyzaguirre and Katherine D. Prescott
  • Storage and Hauling Companies Take Note Imagine that it's Spring 2020 and you run a warehousing company and you discover that your warehouse contains containers of goods that could help combat the spread of the COVID-19 virus — masks, medical gowns, gloves or other personal protective equipment (PPE). Or imagine you own a trucking company and learn that your drivers are delivering pallets of hand sanitizer and disinfectants to a residential address. What, if any, liability might you have if it turns out a customer is hoarding PPE?

    May 01, 2020Marjorie Peerce and Justin Kerner
  • Although the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver's counts of conviction, it was clarifying and not altering the "as opportunities arise" theory, it nevertheless emphasized that this theory requires particularity with respect to the "question or matter" that is the subject of the bribe payor and recipient's corrupt agreement.

    May 01, 2020James D. Gatta, Andrew Kim and Emily M. Notini