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Features

Bankruptcy Risk and Fraud In Cryptocurrency Image

Bankruptcy Risk and Fraud In Cryptocurrency

J. Eric Wise

Among the risks of cryptocurrency exchanges are bankruptcy risk and fraud, including: the inalienability of account claims, holding an unsecured claim versus an entitlement to the return of coin, and bankruptcy preference risk.

Features

Bankruptcy Court Says Bankruptcy Case Is 'Filed' When Uploaded, Not Stamped Image

Bankruptcy Court Says Bankruptcy Case Is 'Filed' When Uploaded, Not Stamped

Lawrence J. Kotler & Drew S. McGehrin

The U.S. Bankruptcy Court for the Southern District of New York summed up the importance of the determination as to when a bankruptcy case is actually filed of record, thereby triggering the imposition of the automatic stay and found that the "upload" time of a bankruptcy filing — and not the time physically "stamped" on a bankruptcy petition — determines when a case is commenced. In doing so, the Bankruptcy Court offered direction and guidelines that debtors and creditors will be well advised to observe in future cases.

Features

Termination Notices and Copyright Act Claims Accruals Image

Termination Notices and Copyright Act Claims Accruals

Thomas Kjellberg & Robert W. Clarida

Termination is not automatic. It may be effected only through affirmative action on the part of the author or his or her statutory successors, who must serve an advance notice, signed by or on behalf of all of those entitled to terminate the grant, on the current copyright owner within specified time limits and under specified conditions.

Features

Fourth Circuit Ruling Underscores Judicial Divide On Use of 'Texas Two-Step' Image

Fourth Circuit Ruling Underscores Judicial Divide On Use of 'Texas Two-Step'

Avalon Zoppo

A sharply divided U.S. Court of Appeals for the Fourth Circuit ruling shielding a nondebtor in bankruptcy proceedings from asbestos lawsuits underscores the wider and growing divide among judges across the country on the bounds of Chapter 11 protection and corporations' use of the "Texas two-step" to address mass tort litigation.

Features

White-Collar Practitioners Weigh In On Defending Trump Indictments Image

White-Collar Practitioners Weigh In On Defending Trump Indictments

Brad Kutner

They say every defendant deserves an attorney, and that surely includes a former president, but how does a lawyer defend someone facing multiple indictments in multiple districts all while they're running a campaign to return to the White House? Several white-collar defense attorneys who spoke with Business Crimes Bulletin's ALM sibling The National Law Journal have some ideas.

Features

Novel Issues of Chapter 11 Mass Tort and Complex Claims Cases Impact Claims Against Unrelated Debtors Image

Novel Issues of Chapter 11 Mass Tort and Complex Claims Cases Impact Claims Against Unrelated Debtors

Francis J. Lawall & Brenden S. Dahrouge

Chapter 11 cases involving mass tort and complex personal injury claims often require the resolution of novel legal issues that stretch the bounds of existing precedent. As these cases evolve, they can also impact claims against other debtors unrelated to the case at hand through court-approved injunctions, releases or settlements.

Columns & Departments

Fresh Filings Image

Fresh Filings

Entertainment Law & Finance Staff

Notable court filings in entertainment law.

Columns & Departments

IP News Image

IP News

Jeffrey S. Ginsberg & Joyce L. Nadipuram

Federal Circuit Clarifies Motivation to Combine to Achieve the Claimed Invention and Holds IPR Petitioner Must Be Given Opportunity to Reply Where Patent Owner First Proposes Claim Construction In a Response

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

Features

After Dismissal of J&J's Second Talc Bankruptcy, Plaintiffs Lawyers Call for Consolidated Trials Image

After Dismissal of J&J's Second Talc Bankruptcy, Plaintiffs Lawyers Call for Consolidated Trials

Amanda Bronstad

With the dismissal of Johnson & Johnson's second talc bankruptcy, plaintiffs lawyers are doubling down on their plans to pursue trials across the country.

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