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Features
“Federal law does not prevent a bona fide shareholder from exercising its right to vote against a bankruptcy petition just because it is also an unsecured creditor,” held the U.S. Court of Appeals for the Fifth Circuit in <i>In re Franchise Services of North America, Inc.</i> According to the court, applicable Delaware law would not “nullify the shareholder's right to vote against the bankruptcy petition.”
Features
One critical component to the successful evolution of a shopping center is creating a stronger connection with community through attractions, events and promotions that bring a fresh vibrancy to the centers. These specialty relationships and other short-term relationships are generally memorialized in a license agreement rather than a traditional lease.
Features
Does a local law requiring site plan review satisfy the statutory requirement when a town (or village) has enacted neither a formal comprehensive plan for a zoning ordinance?
Features
<b><i>Part One of a Two-Part Article</b></i><p>The Tax Act is the most sweeping change to the U.S. federal income tax laws since 1986. This and future articles discuss the individual tax and business tax provisions that affect real estate investment and investors in real estate.
Features
<b><i>In re: HTC Corporation</b></i><p>The Federal Circuit recently addressed motions to transfer and drew a distinction between motions based upon the convenience of parties and witnesses and those for improper venue. It also clarified that the Supreme Court's recent decision in <i>TC Heartland</i> did not supplant the long-standing rule that venue laws do not protect foreign defendants.
Features
<b><i>Delaware Bankruptcy Court Protects Communications with Financial Professionals Originating In Delaware</b></i><p>Because state law applies at the time the transaction is negotiated, the parties might assume — reasonably so — that state privilege law will govern communications with their attorneys and financial professionals. But what happens if, years later, a fraudulent transfer plaintiff files suit in federal court and brings claims under federal law? Does state privilege law still apply?
Features
The tax reform bill signed by President Trump at the end of 2017 has caused us to take a fresh look at many long-held assumptions about how to take into account income taxes in planning for the entertainment industry. At the same time, the California Supreme Court recently decided a case that has the potential to eviscerate loan-out corporations entirely. This article discusses loan-out corporations in light of these two important developments.
Columns & Departments
Developer Had No Vested Right to Subdivision<br>TDR Provision Not Adequately Referred to County Planning Board
Features
The government's seizure of attorney-client communications, a headline event when it involves the President's lawyer Michael Cohen, actually is a recurrent problem in white collar criminal investigations due to the convergence of several trends.
Features
This article reviews the detailed service basics of Rule 3017 of the Federal Rules of Bankruptcy Procedure and relevant portions of Rule 2002. In addition, it provides some tips on how to save time and money when executing service.