Litigation

  • Landlord Considerations When Drafting Assignment and Subletting Provisions

    Restricting a tenant's right to transfer the property it is leasing to a third party is a key component to any lease. Many lenders require landlords to obtain lender consent before the transfer is effective. Failure to obtain such consent could lead to a landlord's default under the terms and conditions of the loan documents, so it is imperative for a landlord to review its loan documents each time it receives a request from a tenant to transfer its interest under the lease.

    July 01, 2019Mark Morfopoulos

  • Involuntary Bankruptcy: Limited Remedy and Strong Sanctions for Abuse

    A bankruptcy court decision recently detailed how courts applying Bankruptcy Code §303(i) can sanction creditors who "abuse … the power given to [them] … to file an involuntary bankruptcy petition." The decision shows why the filing of an involuntary bankruptcy requires careful pre-filing legal judgment.

    July 01, 2019Michael L. Cook

  • Discovery Concerns In Blockchain Litigation

    The increased use of blockchain technology and cryptocurrencies, which have spread to the entertainment industry, including for royalty revenue determinations, has given rise to a variety of disputes. Substantive issues regarding the offer, sale and trading of digital tokens are coming before the courts, prompting novel discovery questions in these cases.

    July 01, 2019Stuart D. Levi, Alexander C. Drylewski, Giyoung Song and Thania Charmani

  • The Curious Case of Extraterritoriality and Fraudulent Transfer Under the Bankruptcy Code

    Courts Are Divided on the Issue of Whether the Fraudulent Transfer Recovery Provision Applies Extraterritorially

    The U.S. Court of Appeals for the Second Circuit recently issued an opinion concluding that trustees can pursue recovery from foreign subsequent transferees who received property in transactions that occurred entirely outside the United States. The opinion reversed two lower court rulings and arguably conflicts with Supreme Court precedent on extraterritoriality of U.S. legislation.

    July 01, 2019Rick Antonoff

  • Navigating the Attorney-Client Privilege and Work Product Doctrine in Bankruptcy

    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.

    July 01, 2019Rena Andoh and Kate Ross

  • Carnival Execs May Face Criminal Charges Over Compliance Failures

    Once again a company has felt the pain that comes when it is caught violating an agreement with the Department of Justice. After taking a tongue lashing from a federal judge for repeatedly violating the law, Carnival Corp. executives have until autumn to hire a chief compliance officer and begin meaningful compliance reforms at the world's largest cruise line.

    July 01, 2019Sue Reisinger

  • Case Notes

    Option to Buy Is Exercised, and 'Tenant' Is No Longer a Tenant

    July 01, 2019ssalkin

  • Bit Parts

    Courts Refuse to Hand Over Documentary Audio and Outtakes

    July 01, 2019Stan Soocher

  • Legal Tech: Spring 2019 E-Discovery Case Law Review

    The amendments to the Federal Rules of Civil Procedure in 2015 intended to clarify some of the ambiguities that caused inconsistent rulings in e-discovery matters. One such amendment was to Rule 37(e), which seemed to indicate that courts would not levee punitive sanctions without establishing “intent to deprive.” Despite this language, though, courts continue rely on their inherent authority to issue sanctions, meaning organizations must take their preservation obligations seriously.

    June 01, 2019Mike Hamilton