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159 MP Corp.: Grateful That Majority Rejected Dissent's Radical Approach Image

159 MP Corp.: Grateful That Majority Rejected Dissent's Radical Approach

Howard A. Levine

Further comment and analysis is warranted on the three-judge dissent, which, if adopted by the majority, would have fundamentally altered the very foundation of New York contract law.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

Juliet Gunev

Canadian Clean Fuel Technology Company and Former CEO Pay $4.1 Million to Settle China Related FCPA Case

Features

Faster, Shorter, Smarter, Better: Strategies for a New Era of Bankruptcy Image

Faster, Shorter, Smarter, Better: Strategies for a New Era of Bankruptcy

Chris Updike & Joseph Zujkowski

Faster, Shorter, Smarter, Better Among other trends, practitioners are increasingly using pre-packaged and pre-negotiated cases, drafting clearer and more concise pleadings, employing smarter deposit management practices, and harnessing improved technology — strategies for a new era of bankruptcy.

Columns & Departments

Development Image

Development

Stewart Sterk

Mining Prohibition Not Pre-Empted By State Law and Not In Violation of SEQRA Dog Training Facility Not a Customary Home Occupation,br> Landowner Not Entitled to Variance When Hardship Is Not Unique to the Parcel ZBA Did Not Consider Statutory Variance Factors

Columns & Departments

Case Notes Image

Case Notes

Janice Inman

Defense Based on Federal Law Cannot Confer Federal Jurisdiction

Columns & Departments

In the Courts Image

In the Courts

Juliet Gunev

New York Brokerage and Two Executives Ordered to Pay $1.58 Million for Misleading Investors In High-Yield Securities Case

Features

Same Class, Different Recoveries — No Bar to Plan Confirmation Image

Same Class, Different Recoveries — No Bar to Plan Confirmation

Francis J. Lawall & John Henry Schanne II

Equal treatment of claims in the same class within a plan of reorganization is an important creditor protection in Chapter 11. However, is it possible to provide certain benefits to some creditors within a single class and not others without running afoul of the Bankruptcy Code? In a recent ruling on an issue of first impression, the U.S. Court of Appeals for the Eighth Circuit certainly made clear it thought so.

Features

Legal Tech: A Closer Look At 3 Summer Cases Concerning Lost Data Image

Legal Tech: A Closer Look At 3 Summer Cases Concerning Lost Data

Mike Hamilton

Summer 2019 put some interesting case law into the books. We'll take a look at three cases having to do with lost data and whether spoliation sanctions were levied.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

Stewart Sterk

Action Dismissed When Unit Owners Did Not Allege Wrongful Actions Outside Scope of Board Member's Duty As Board Member

Columns & Departments

IP News Image

IP News

George Soussou & Jeff Ginsberg

More Than a Recitation of Hooke's Law Needed for Patent Protection A Claim for a Chair Limits the Claim to a Chair

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