Features

Preferred Equity In Peril?
Two Recent Cases Shed Light on Potential Risks to Preferred Equity Holders in Chapter 11 Preferred equity is a varied and flexible instrument, but, in practice, it typically has a limited number of common features. One feature is that it is entitled to a "liquidation preference" ahead of common stock. Whether the liquidation preference of preferred equity entitles preferred shareholders to priority over common shareholders in a Chapter 11 reorganization is a question that figured prominently in two recent high profile cases.
Features

Seventh Circuit Bars Bad Faith Asset Buyer Protection
"Good-faith purchasers enjoy strong protection under [Bankruptcy Code] §363(m)," but the silent asset buyer ("B") with "actual and constructive knowledge of a competing interest" lacks "good faith," held the U.S. Court of Appeals for the Seventh Circuit.
Features

Supreme Court Addresses Municipal Sign Regulations, Again
In 2015, the U.S. Supreme Court applied strict scrutiny to a sign regulation as it related to directional signs placed by a local congregation that held services at different locations each week. The Court took another look at the issue of strict scrutiny relating to "off-premises" signs in the case of City of Austin, Texas v. Reagan National Advertising , in which the majority concluded that strict scrutiny should not apply to determining whether the off-premises sign regulations at issue violated the First Amendment.
Columns & Departments
Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features

The Stenography Shortage Is Impacting Client Service: What's the Future of Court Reporting?
In the court reporting market, technology has matured to match or exceed stenography's stronghold on speed and accuracy and, as such, is poised to disrupt the market.
Features

With Federal Bankruptcy Courts Unavailable, Marijuana Businesses Turn to State Options
Federal bankruptcy courts have been unavailable to marijuana businesses due to the Schedule I status of marijuana. The United States Trustee's policy is to move to dismiss or object in each case involving marijuana assets, because they cannot be administered under the Bankruptcy Code.
Features

Commercial Real Estate Market Optimistic
The commercial real estate industry is having little trouble shrugging off today's challenging economic situations and its optimism is brewing with recent pandemic restrictions being lifted, according to a state of the market survey from DLA Piper.
Columns & Departments
Bit Parts
"Artistic Relevance" Test Applied to NFTs Vape Musical Found to Be Copyright Fair-Use Parody of Grease
Columns & Departments
Landlord & Tenant Law Case Update
COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment COVID-19 Does Not Excuse Failure to Pay Rent
Columns & Departments
IP News
Federal Circuit: Agreement Between Patent Owner and Third Party Was Not Insulated from The On-Sale Bar
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