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Litigation

  • Discussion of two rulings of interest to you and your practice.

    April 02, 2017ljnstaff | Law Journal Newsletters
  • While cybersecurity spending at many organizations still tends to focus on perimeter defenses, security experts have begun to face the reality that it is nearly impossible to keep bad actors out of your network, and are turning their attention to better ways of mitigating threats posed by intruders once they've hacked their way in.

    April 02, 2017Jason Straight
  • The Georgia Supreme Court ruled that media companies streaming music recordings made prior to Feb. 15, 1972, over the Internet without paying royalties or licensing fees aren't violating the state's criminal record piracy law.

    April 02, 2017R. Robin McDonald and Scott Graham
  • The U.S. Court of Appeals for the Ninth Circuit recently held in Blixseth v. Brown that under Barton v. Barbour, a plaintiff must obtain a bankruptcy court's permission before commencing a lawsuit in another forum against a member of the committee of unsecured creditors, and that Stern v. Marshall does not preclude bankruptcy courts from adjudicating such claims on the merits.

    April 02, 2017Sheryl P. Giugliano
  • Uncertain Treatment of Make-Whole Premiums Upon Bankruptcy-Induced Acceleration and Redemption of Indentures

    Make-whole premiums are essentially prepayment penalties imposed on borrowers when loans are paid off in advance of their maturity dates. These premiums remove the borrowers' incentives to refinance whenever interest rates drop, and provide stability and predictability to the world of secured lending.

    April 02, 2017Jeffrey R. Gleit and Nathaniel R.B. Koslof
  • A national bank client calls you and says that an internal auditor employee, who has signed stringent confidentiality and non-disclosure agreements, has…

    April 02, 2017Philip M. Berkowitz
  • On March 9, 2017, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit affirmed U.S. District Judge Robert Shelby's approval of a settlement that barred several IRA account owners from filing individual claims against the custodian bank. An in-depth analysis of the court's ruling.

    April 02, 2017ljnstaff | Law Journal Newsletters
  • In-depth analysis of several pivotal rulings.

    April 02, 2017ljnstaff | Law Journal Newsletters
  • Part Two of a Two-Part Article

    As discussed last month, in Lansaw v. Zokaites, the tenants (and bankruptcy petitioners) complained of certain harassment that occurred prior to the filing of their bankruptcy petition. Let us turn now to the court's analysis of the landlord's post–bankruptcy-petition behavior.

    April 02, 2017Janice G. Inman