Litigation

WeWork's Chapter 11 bankruptcy has stayed a Manhattan Commercial Division decision allowing plaintiffs to dig around in 11 years of the tanked company's finances — but observers say it's likely creditors will now try to pierce the corporate veil in the bankruptcy proceeding.

Summary Judgment Denied In Trespass and Nuisance Claim Against Upstairs Neighbor

Managing and presenting testimony are changing a lot these days thanks to new technology. Some of the innovations lawyers are using to handle depositions, witness statements, exhibits and other evidence more efficiently and persuasively will alter the way matters are handled for the foreseeable future.

Many clients are not aware that the Bankruptcy Code provides that, upon the filing of a bankruptcy case, the receiver is required to give back possession of the mortgaged property to the debtor unless the lender obtains an order from the Bankruptcy Court excusing the receiver from this requirement.

The Federal Circuit recently upheld the Patent Office's decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP).

Rohrmoos should encourage lawyers drafting leases, and those in lease disputes, to account for some new practical considerations. The drafting attorney should — if they are not already — include a clause in the lease expressly stating the parties' covenants are independent from one another.

Pundits are raving about the current increase in business bankruptcy cases. But they rarely, if ever, mention the spike in bankruptcy appeals. A brief survey of recent decisions shows that appellate courts are, among other things, finding ways to (a) avoid making decisions or to (b) avoid litigation delay and uncertainty by expediting appellate review. Practitioners can avoid surprises by grasping what these courts are actually doing.

Many clients are not aware that the Bankruptcy Code provides that, upon the filing of a bankruptcy case, the receiver is required to give back possession of the mortgaged property to the debtor unless the lender obtains an order from the Bankruptcy Court excusing the receiver from this requirement.