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Features

New Bankruptcy Code May Provide Way Out of Commercial Leases Image

New Bankruptcy Code May Provide Way Out of Commercial Leases

Eric Snyder

In major metropolitan areas, commercial office vacancies have skyrocketed and rents have plummeted. Tenants, required to examine their space needs post-pandemic, are eager to take advantage of the lower rents. A recent addition to the Bankruptcy Code provides these lessees with an opportunity to walk away from above-market leases.

Features

Eleventh Circuit Stops Plan Confirmation Stampede Image

Eleventh Circuit Stops Plan Confirmation Stampede

Michael L. Cook

In a recent ruling, the Eleventh Circuit upended a hastily confirmed reorganization plan. Its holding should stop the stampede known as the "confirmation express."

Features

Treating Student Loan Debt Relief By Standardizing 'Undue Hardship' In Bankruptcy Code Image

Treating Student Loan Debt Relief By Standardizing 'Undue Hardship' In Bankruptcy Code

Rudolph J. Di Massa & Diane J. Kim

On Aug. 24, 2022, President Joe Biden announced the plan to forgive up to $10,000 in federal student debt for qualifying borrowers. This relief, however, was challenged in the courts and is now pending before the U.S. Supreme Court.

Columns & Departments

Fresh Filings

ELF Staff

Notable court filings in entertainment law.

Features

Circuit Split Over Joint and Several Liability for Forfeiture In White-Collar Crimes Image

Circuit Split Over Joint and Several Liability for Forfeiture In White-Collar Crimes

Evan T. Barr

Ever since the Honeycutt ruling by the U.S. Supreme Court in 2017 that co-conspirators convicted of federal narcotics violations could not be held jointly and severally liable, courts have grappled with whether it also applied outside the narcotics context, to forfeiture judgments imposed in white-collar cases.

Features

Maryland Appellate Court: COVID-19 Restrictions Not Excuse for Tenants' Failure to Pay Rent Image

Maryland Appellate Court: COVID-19 Restrictions Not Excuse for Tenants' Failure to Pay Rent

Allison Dunn

Looking primarily to states like Connecticut for guidance, the Appellate Court of Maryland concluded that economic challenges stemming from COVID-19 executive orders themselves are not sufficient to establish the affirmative defenses of frustration of purpose and legal impossibility for failure to pay rent.

Features

Seven Commercial Real Estate Investment Strategies for 2023 Image

Seven Commercial Real Estate Investment Strategies for 2023

Joseph J. Ori

With the year starting out amid uncertainty and no small amount of pessimism, there are certain strategies that promise to play well amid the environment. Read on to find out what will work in 2023.

Columns & Departments

IP News

Howard Shire & Stephanie Remy

Patent Infringement and Trade Dress In the Ninth Circuit

Columns & Departments

Bit Parts

Stan Soocher

Breach-of-Contract Claim Can Continue Over Refusal to Exercise Option to Retain Anti-Vaccination Actress California Court Rules on Intersection Between Anti-SLAPP Law and Movie Trailer

Features

Duties of and Risks to Directors and Officers of Insolvent Enterprises Image

Duties of and Risks to Directors and Officers of Insolvent Enterprises

Marshall S. Huebner & Amber Leary

Traditionally, the bankruptcy risk for D&Os has been fairly low. Several recent developments have, however, shifted the landscape somewhat and altered the risk profile.

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