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Features

The New FRCP Is Here to Stay Image

The New FRCP Is Here to Stay

Bob Rohlf

As expected, there have been several rulings in 2016 interpreting the FRCP e-discovery amendments which took effect in December of last year. This article looks at three cases from the first half of 2016 that highlight the ways in which the new amendments converge with the rising need to preserve new data types, as well as how new e-discovery technology can leverage the new rules to a legal team's advantage.

Features

Additional-Rent Reconciliation Image

Additional-Rent Reconciliation

Lydia Pilch & Josh Rosen

Issues can arise in the context of additional rent reconciliations that occur pursuant to the provisions of a commercial lease. We examine herein specific concerns from both landlord and tenant perspectives relating to over- and under-payments of rent, improper charges, supporting documentation and auditing procedures, as well as potential bars to claiming recoveries.<p><b><i>Part One of a Two-Part Article</b></i>

Features

Litigation Funders Planning a New Role: Law Firm Ownership Image

Litigation Funders Planning a New Role: Law Firm Ownership

Ray Strom

Since litigation finance hit the scene just a couple decades ago, the business has evolved from investing in single lawsuits to groups of claims to purchasing judgments at bankruptcy auctions. Now, some litigation finance firms are preparing for an even bigger change to their business model: Injecting cash directly into law firms in the form of an equity stake that isn't tied to any specific case.

Features

Post-Petition Interest in a Solvent Case Image

Post-Petition Interest in a Solvent Case

Rudolph J. Di Massa Jr., Lawrence J. Kotler & Catherine B. Heitzenrater

<b><i>What Interest Rate Controls?</b></i><p><p>In today's low-interest rate environment, the difference between a contractual interest rate and the federal judgment rate can be quite significant. It is not surprising, therefore, that this issue has become hotly litigated in cases involving solvent Chapter 11 debtors.

Features

Food Courts and Their Leasing Issues Image

Food Courts and Their Leasing Issues

Glenn A. Browne

Although the concept has been very successful in the retail industry, a collection of tenants serving food and beverages in one location presents several issues and problems for both landlords and tenants. Those issues suggest certain aspects of food-court tenancy that should be discussed and addressed during lease negotiations, so that both landlords and tenants end up receiving what they expect to receive from the food court experience.

Columns & Departments

Bit Parts

Stan Soocher

No Sanctions Against Plaintiffs' Counsel for Frivolous Copyright Claim<br>

Features

Vendor's Reclamation Rights Survive Lien of Post-Petition DIP Loan Image

Vendor's Reclamation Rights Survive Lien of Post-Petition DIP Loan

Barry M. Klayman & Mark E. Felger

In <i>In re Reichhold Holdings US</i>, bankruptcy judge Mary F. Walrath upheld the validity of a vendor's administrative claim for its reclamation rights under Section 546(c) of the Bankruptcy Code as against a post-petition DIP lender. In doing so, Judge Walrath declined to follow cases from the Bankruptcy Court of the Southern District of New York that held otherwise.

In the Courts

ssalkin & Law Journal Newsletters

U.S. District Court Judge Refuses to 'Rubber-Stamp' CFTC Settlement AgreementOn Sept. 22, 2016, Judge William H. Pauley III of the United States…

Columns & Departments

Business Crimes Hotline

ssalkin & Law Journal Newsletters

SEC Settles First Stand-Alone Whistleblower Retaliation CaseOn Sept. 29, 2016, the Securities and Exchange Commission (SEC) announced that International…

Columns & Departments

On the Move

ssalkin & Law Journal Newsletters

Burr &amp; Forman LLP has opened an office in Wilmington, DE. Rick Robinson, who is joining the firm as a partner in the firm's Creditors' Rights and…

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