Features

Update on Bankruptcy Appellate Practice Part Four: Interlocutory Appeals — Deadlines
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
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
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
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
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
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
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
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
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
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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- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
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- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›