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Can a Debtor That Has No Ongoing Business Operations Reorganize Under Chapter 11 In Good Faith? Image

Can a Debtor That Has No Ongoing Business Operations Reorganize Under Chapter 11 In Good Faith?

Lawrence J. Kotler & Roxanne J. Indelicato

In a recent decision, the U.S. Bankruptcy Court for the Southern District of Texas (the court) addressed whether a debtor that has no independent assets or ongoing business operations can reorganize under Chapter 11 in good faith.

Features

Handling IP Ownership Issues In Remote Work Image

Handling IP Ownership Issues In Remote Work

Sarah Schaedler & Jennifer T. Criss

Even with legal assumptions that certain intellectual property rights in works created by employees are owned by the employer, these should not be relied upon exclusively. A well-drafted employee-agreement form is increasingly essential in light of the explosive growth of remote and flexible work arrangements.

Features

J&J Gets Stay In Talc Chapter 11 Dismissal Image

J&J Gets Stay In Talc Chapter 11 Dismissal

Amanda Bronstad

Johnson & Johnson's talc bankruptcy may be on its last legs, but it's still standing — at least for a while. On February 13, Johnson & Johnson subsidiary LTL Management petitioned the U.S. Court of Appeals for the Third Circuit to rehear its Jan. 30 decision dismissing its Chapter 11 case

Columns & Departments

Players On the Move

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Development

NYRE Staff

Neighbor Lacked Standing to Challenge Nonconforming Use Determination Parking Congestion Allegations Insufficient to Confer Standing Council's Approval of PUD Upheld Neighbor Had No Standing to Challenge SEQRA Determination

Columns & Departments

Fresh Filings

ELF Staff

Notable court filings in entertainment law.

Columns & Departments

Real Property Law

NYRE Staff

Open Use of Driveway Provides Constructive Notice of Unrecorded Easement Subsequent Purchaser Qualifies As Bona Fide Purchaser Despite Notice of Prior Purchaser's Appeal Notice of Pendency Not a Substitute for Recording Defect In Original Foreclosure Precludes Reforeclosure Sellers Who Paid Tax Are Entitled to Refund of Overpayment Easement Holder Has Right to Erect Dock

Features

Fifth Circuit Adds Color to Abstention Issue Image

Fifth Circuit Adds Color to Abstention Issue

Francis J. Lawall & Brenden Dahrouge

Rules Bankruptcy Court Lacked Jurisdiction to Decide State-Governed Question Jurisdictional boundaries within the federal system as between bankruptcy and district courts as well as various federal agencies can be a maze that is at times nearly impossible to navigate. Further complicating matters are those cases involving state-regulated issues that add abstention to the mix.

Columns & Departments

Bit Parts

Stan Soocher

Sixth Circuit Affirms Late Don Everly's Sole Authorship Right to Everly Brothers' 1960 Hit "Cathy's Clown"

Columns & Departments

Landlord & Tenant Law

NYRE Staff

Issues of Fact Preclude Summary Judgment on Habitability Claim

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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