Features

Creditor Exclusion<br><b><i><font="-1">The Perils of D&O Coverage</b></i></font>
The U.S. Court of Appeals for the Fifth Circuit recently held that a Creditor Exclusion provision in D&O insurance policies may result in significant limitations on the coverage provided to the D&Os when the underlying dispute is with a creditor acting in its creditor capacity.
Features

Landlord Harassment of Commercial Tenants<font="-1"><b><i>What Can Be Done?</b></i></font>
<b><i>Part One of a Two-Part Article</b></i><br>Landlord harassment of tenants is a common problem, not only in the housing arena, but also in the commercial leasing sector. Certainly, landlords often have good reasons to be angry with their tenants. However, a landlord that resorts to bullying tactics does so at its own risk.
Features

Chapter 13<br><b><i><font="-1">Best Practices in Credit Reporting</b></i></font>
There is a new trend emerging in FCRA litigation involving Chapter 13 bankruptcy, under which debtors propose a repayment plan to make installment payments to creditors over three to five years. Increasingly, plaintiffs are filing suit based on certain credit-reporting actions taken (or not taken) during a pending Chapter 13 bankruptcy case, after plan confirmation but prior to the entry of the discharge — when a debtor has met all requirements set by the court.
Features

What Constitutes 'Proper' Notice?
Proper notice is a hallmark of all bankruptcy proceedings. If a creditor or party-in-interest has no notice of a particular matter, many courts have ruled that the creditor or party-in-interest will not be bound by a particular court's determination.
Features

Landlord Solutions For Avoiding Uncertainty
<b><i>Key Considerations When Negotiating Personal Guarantees to Commercial Real Estate Leases</b></i><br>In today's commercial real estate market, uncertainty is about the only real thing that is certain. In this period of flux, where landlords no longer enjoy the same position of strength and leverage they once had over prospective tenants, it is critical to try and negotiate independent guarantees that best suit each particular deal and (hopefully) hedge against the downside of a potential tenant default and resulting litigation.
Features

Lohan, Mob Wives Right of Publicity Suits to Be Heard By NY Apps. Ct.
New York state's highest court has granted leave to appeal to actress Lindsay Lohan and former reality television star Karen Gravano in their suits over alleged misappropriations of their likenesses in the video game <i>Grand Theft Auto V</i>.
Columns & Departments
In the Courts
The Fifth Circuit recently clarified the Anti-Kickback Act. Here's an analysis of the ruling.
Features

Do Your Employment Practices Violate Antitrust Law? They Might!
Did you know that your employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the FTC and the DOJ Antitrust Division. The Agencies issued this guidance to remind employers that, like any other market, the job market is subject to antitrust laws.
Features

The Digital Transformation of Equipment Financing<br><b><i><font="-1">Beyond eLeasing and eSignatures</b></i></font>
The ever-increasing popularity of digital electronic signatures (eSignatures) for entering into equipment leasing and financing transactions without the use of paper documents (eLeasing) is compelling lessors, banks and others competing in the market for equipment financing to re-evaluate and transform the structure of their entire operating platforms.
Columns & Departments
IP News
Federal Circuit Affirms Grant of a Preliminary Injunction Despite PTAB's Final Written Decision<br>Federal Circuit: Proving Derivation Requires a Showing That All Limitations Were Conceived and Communicated
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