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Update on Bankruptcy Appellate Practice Part Four: Interlocutory Appeals — Deadlines Image

Update on Bankruptcy Appellate Practice Part Four: Interlocutory Appeals — Deadlines

Michael L. Cook

This installment of our appellate series reviews recent cases addressing the district courts' review of interlocutory bankruptcy court orders and the enforceability of appellate deadlines. As we have shown with other case law governing appeals, real obstacles confront practitioners appealing from bankruptcy court rulings.

Columns & Departments

Players on the Move Image

Players on the Move

ELF Staff

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

Features

Corporate Resiliency Revisited: Ensure Financial Health Ahead of an Economic Downturn Image

Corporate Resiliency Revisited: Ensure Financial Health Ahead of an Economic Downturn

Derek F. Meek & Hanna Lahr

now is a critical time for companies to reassess their business and finances if they have not already, so that they can be prepared for the future. Proper planning is key to ensuring a company's financial health when facing an economic downturn.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Ryan J. Sheehan

Federal Circuit: Applicant Admitted Prior Art Cannot Provide a "Basis" for a Ground of Unpatentability in an IPR, But Can be Cited for Other Purposes Federal Circuit: After SAS, IPR Estoppel Extends to Prior-Art Grounds That Reasonably Could Have Been Raised in the Petition

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Los Angeles Federal Court Dismisses United Talent Agency's Breach-of-Contract Claim Brought Over Denial of Insurance Coverage "Single Claim" Provision Defeats DirecTV Law Firm's Bid for Reimbursement of Legal Fees Under Insurance Policy

Features

Common Issues In Commercial Property Bankruptcies Image

Common Issues In Commercial Property Bankruptcies

Robert K. Scheinbaum & Philip W. Allogramento III

As the commercial real estate market undergoes seismic shifts, companies may find themselves in situations where their tenant or their landlord has filed for bankruptcy protection. Questions then quickly arise, such as if and how a landlord may evict a bankrupt tenant, whether a bankrupt tenant may remain as a lessee and continue to occupy the premises, and how to measure damages for a landlord in this situation, both before bankruptcy and going forward post-petition.

Features

Poorly Drafted Nondisclosure Agreements Can Have Lasting, and Expensive, Results Image

Poorly Drafted Nondisclosure Agreements Can Have Lasting, and Expensive, Results

Joseph Pack & Jessey Krehl

In today's increasingly complex, competitive and litigious business environment where nondisclosure agreements have crept in scope to also be noncompete agreements or anti-poaching agreements in addition to confidentiality agreements, the need for legal professionals with generalized knowledge who have managed business enterprises on a whole has become a mainstay of the corporate world.

Features

Legal Tech: Effective Preservation Measures In Litigation Readiness Image

Legal Tech: Effective Preservation Measures In Litigation Readiness

Philip Favro

Basic ESI preservation steps, including litigation holds, relevant source checklists, and follow up steps with custodians may not be enough in some instances. Given the frequency of data loss from custodial and non-custodial sources, companies should also consider incorporating remediation strategies into their approach to preservation to better ensure defensibility.

Features

Damage Mitigation Under the HSTPA Image

Damage Mitigation Under the HSTPA

Stewart E. Sterk

When the NY state legislature enacted the Housing Stability and Tenant Protection Act of 2019 (HSTPA), much of the statute's focus was on increased protection for rent regulated tenants. But the statute also includes a number of significant provisions that apply to market rate tenants.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Questions of Fact About Whether Deed Conveyed to Centerline of Abutting Road Deed Created Easement, Not Fee Questions of Fact About Meaning of Restrictive Covenant Adverse Possession By 99-Year Lessee Equitable Lien Claim Fails Agreement Released Trespass and Nuisance Claims Against Neighbor Easement Not Abandoned

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