Litigation

Features

The Second Circuit, on remand from the U.S. Supreme Court, further remanded to the district court the key issue of whether the Chapter 11 debtor gave "adequate assurance of future performance of" a commercial real property shopping center lease "as required by [Bankruptcy Code] §365(b)(3)(A)," after the debtor's assignment of its lease.

Features

While this case does not fully open the courthouse doors to cannabis-related businesses and seemingly grants the bankruptcy courts a great deal of discretion when ruling on similar cases in the future, cannabis-related businesses may now have a roadmap to pursue reorganization.

Columns & Departments

Notice of Pendency Improper In Private Nuisance Action Incapacity and Undue Influence Challenge to Deed Fails Authority Entitled to Divert Surface Water Covenant Restricting Landscaping Changes Enforced Failure to Record Does Not Invalidate Deed Against Purchaser Charged With Notice

Features

In upholding the bankruptcy court's determination that the payment of insurance proceeds could be such a transfer, the Fifth Circuit underscored the complex interplay between state law, bankruptcy law and the rights of creditors in bankruptcy proceedings.

Columns & Departments

Attorney's Fee Awarded On Interest Accruing During Appeal

Features

A Q&A with the team working on the Alex Jones/Sandy Hook case in bankruptcy court in Texas, who provides an inside look at the case, their strategy, and some takeaways.

Features

The future is only redesigned every so often, so it is worth asking, what will this new technology look like, and how can pioneers protect their user-facing innovations that will define this emerging space? Design patents are the answer.

Columns & Departments

Tenant's Summary Judgment Motion Denied In Rent Overcharge Proceeding