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Litigation

  • The significance of the Crime Victims' Rights Act (CVRA), which is intended to guarantee crime victims a role in federal criminal proceedings, has been highlighted in the case of Jeffrey E. Epstein, the financier accused of sexually trafficking underage girls. Because the government's noncompliance with the CVRA in negotiating Epstein's plea deal in 2008 led to Alexander R. Acosta losing his cabinet position as Secretary of Labor, practitioners can expect prosecutors and judges to be more focused on the CVRA going forward.

    September 01, 2019Robert J. Anello and Richard F. Albert 
  • Microsoft and Hungarian Subsidiary Agree to Pay $25 Million to Resolve FCPA Investigations in Hungary, Saudi Arabia, Turkey and Thailand

    September 01, 2019Juliet Gunev
  • A Tension Between §§363(f) and 365(h) How do bankruptcy judges resolve the competing desires of buyers and tenants? Must buyers bid for property knowing that tenants might have the right to stay if their leases are rejected? Are tenants in jeopardy that they might have to move elsewhere to live or work?

    September 01, 2019Daniel A. Lowenthal
  • Maryland Jury Convicts Former CEO of Israeli Company for Role In $145 Million Binary Options Fraud

    September 01, 2019Juliet Gunev
  • The Office of U.S. Trustee is known among practitioners as the "watchdog" of the bankruptcy process. To fund the U.S. Trustee, Chapter 11 debtors must pay quarterly fees. Following a recent substantial increase to the U.S. Trustee fee schedule, the U.S. Bankruptcy Court for the Eastern District of Virginia found the amended fee schedule to be unconstitutional because it was being applied nonuniformly to Chapter 11 debtors around the country.

    September 01, 2019Francis J. Lawall and Marcy J. McLaughlin
  • Despite State Law, Merger Extinguishes Renewal Rights of Successor in Interest Court May Rely on Parole Evidence to Show Illegal Purpose of Sublease

    September 01, 2019ssalkin
  • Is a property leased to a farming tenant a commercial property or an agricultural property? What about a building leased to a government entity? The distinction can make a difference in the tax laws that apply to the parcel.

    August 01, 2019Janice G. Inman
  • When members of the military are be called into action, the impact could be felt right here at home by our commercial landlords, especially those whose tenants are composed of businesses owned or operated by a sole proprietor, or an owner with one or two employees.

    August 01, 2019Andrew Dector
  • Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court. Federal courts are currently split on the issue of whether the lessor must voluntary surrender property seized pre-petition or may hold such property until the debtor obtains an order of turnover.

    August 01, 2019Theresa A. Driscoll