Features
Corporate Bankruptcies and the Restructuring Solution
Recent, big-name Chapter 11 filings have brought to the light the importance of insurance solutions for companies in financial distress, as companies in this situation face oftentimes new and uncharted issues.
Features
Buyout Provisions In Commercial Lease Litigation
Litigation frequently involves an attempt by one party to enforce the terms of the buyout provision through specific performance. But that remedy may be less readily available than the parties might assume. This article explores the reasons why, and suggests some drafting considerations.
Features
Ninth Circuit Bankruptcy Panel Holds Lack of Timely Objection Bars Objection to Homestead Value Exemption
In In re Masingale, the U.S. Bankruptcy Appellate Panel for the Ninth Circuit held that in the absence of a timely objection, debtors who claimed a homestead exemption of "100% of FMV" in their residence had a valid exemption claim for the full fair market value of the property.
Columns & Departments
IP News
Federal Circuit Affirms the Board's Finding of Anticipation Because Prior Art Patent and References Incorporated Therein Inherently Meet the Disputed Claim Limitations Federal Circuit Affirms a Finding of Infringement Because the District Court Correctly Construed "a" and "said" and Rejects Anticipation Argument on Waiver Grounds Federal Circuit Vacates Judgment of Non-Infringement Because the Underlying Stipulation Failed to Provide Sufficient Detail for the Court to Resolve Certain Claim Construction Issues
Features
Bankruptcy Court Rules Limited Partnership Agreement Is Not an Executory Contract
Certain types of agreements, such as real estate leases, clearly are executory contracts subject to assumption or rejection in bankruptcy cases. But what about the partnership agreement itself?
Columns & Departments
Bit Parts
"Sister Sledge" Sibling's Use of "Sister Sledge Sledgendary" Isn't Trademark Infringement
Features
Courts and Plaintiffs Lawyers Question Viability of 'Texas Two-Step'
As defendants increasingly seek bankruptcy as a resolution to multidistrict litigation claims, plaintiffs firms and judges are starting to ask questions about the legitimacy of the tool commonly referred to as the "Texas Two-Step."
Columns & Departments
Landlord & Tenant Law
HSTPA Does Not Violate Taking or Due Process Clauses Landlord Liable for Bite By Tenant's Dog Tenant Not Liable As Holdover Absent Offer and Acceptance of Rent Payments Issues of Fact Preclude Summary Judgment on Habitability Claim
Columns & Departments
Real Property Law
Injunctive Relief Denied In Action to Enforce Restrictive Covenant Neighbor Lacked Standing to Enforce Restrictive Covenant Easement Holder Entitled to Preliminary Injunction Disposition to Husband and Wife Creates Tenancy By the Entirety Tax Sale Notice Satisfied Statutory and Constitutional Requirements
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