Settlement proceeds from a writers' dispute involving the film Olympus Has Fallen must be further divided pursuant to one of the writer's divorce agreements, the Pennsylvania Superior Court has ruled.
May 01, 2018Max Mitchell
Bankruptcy is a fact of life in the United States. When it happens, the treatment of a lease as either residential or non-residential may be crucial to all parties -- landlords, tenants, subtenants and their counselors.
May 01, 2018Janice G. InmanAs of Jan. 1, 2018, each jointly administered debtor with quarterly disbursements of at least $1,000,000 must pay a fee of 1% of all disbursements, up to $250,000 per quarter. Although this change in the law was only intended to address shortfalls in UST funding, it has taken a little-noticed component of bankruptcy and magnified it into a ticking tax-bomb for unsuspecting debtors and their lenders.
May 01, 2018Jacob H. Marshall and Randall KleinIn a recent decision, Bankruptcy Judge Christopher S. Sontchi addressed the question of whether a Chapter 11 debtor, the tenant under a commercial lease, could exercise an option to renew the lease during the bankruptcy proceedings, even though the debtor was in default under the lease and the lease specified that it could not be renewed if defaults existed at the time the option was exercised.
May 01, 2018Barry M. Klayman and Mark E. FelgerIn a case of first impression at the circuit level, the United States Court of Appeals for the Ninth Circuit held that section 1129(a)(10) of the Bankruptcy Code — which requires a favorable vote of at least one impaired class of creditors in order to confirm a Chapter 11 plan — applies on a “per-plan” basis, rather than a “per-debtor” basis.
May 01, 2018Adam H. Friedman, Jonathan T. Koevary and Lauren B. IrbyRule 12(b)(6) Motion Denied in Infringement Dispute over Anastasia Musical, Due to “Lengthy Historical Record” Involving Central Character
May 01, 2018Stan SoocherTenth Circuit Lowers Investment Advisor's Disgorgement from $35 to $5 Million
May 01, 2018Dennis MahoneyGuarantor May Not Interpose Wrongful Eviction Defense
Landlord Bound by Renewal Lease Signed After Judgment of Possession
Notice of Nonrewnal Sufficient to Withstand Jurisdictional Challenge
Incarcerated Son Not Entitled to Succession Rights
Occupant Did Not Establish Succession Rights
Court Dismisses Tortious Interference Claim By Holder of First Refusal RightMay 01, 2018ssalkinTriable Issue of Fact About Association Liability for Flooding
Unit Owner's Representations Cannot Be Used to Contradict Express Terms of Proprietary LeaseMay 01, 2018ssalkinFederal Circuit Affirms Dismissal of Declaratory-Judgment Action Based Under Rule Against Piecemeal Adjudication
Federal Circuit Affirms Non-Infringement Finding Despite Defendant's Discovery ViolationMay 01, 2018Jeff Ginsberg and Dorothy LeRay
