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Appellate Court Finds Plaintiffs' Claims Under Section 362 Not Automatically Stayed Image

Appellate Court Finds Plaintiffs' Claims Under Section 362 Not Automatically Stayed

Rudolph J. Di Massa Jr. & Malcolm Bates

Parties holding potential claims against non-debtor third parties that are arguably "related to" the bankruptcy estate must weigh the risks and benefits of actively prosecuting such claims. The mere fact that a bankruptcy trustee could pursue such claims as property of the bankruptcy estate under Section 541 of the Bankruptcy Code will not be enough to argue that such claims are conclusively barred by the automatic stay.

Features

Retail Lease Workout In Bankruptcy Trends Show 'We're All In This Together' Image

Retail Lease Workout In Bankruptcy Trends Show 'We're All In This Together'

David Samole

Landlords and commercial tenants have proven savvy and mutually symbiotic. These entities learned quick lessons during the pandemic to sustain the landlord-tenant relationship on adjusted footing or otherwise to provide an agreeable runway for a lease exit minimizing the damage to landlords and tenants. Three workout trends reflect this changing landscape that "we are all in this together."

Features

Third Circuit Hears Case On Interaction of Publicity Rights and the CDA Image

Third Circuit Hears Case On Interaction of Publicity Rights and the CDA

P.J. D'Annunzio

Likening his client's claim to that of an athlete with a monetizable image, an attorney representing TV reporter Karen Hepp, who is suing social media websites over misuse of her likeness, recently argued to the U.S. Court of Appeals for the Third Circuit that the case should fit a narrow exception to a federal law that bars suits against online content providers.

Features

Subordination Agreements: Enforcement and Reorganization Participation Image

Subordination Agreements: Enforcement and Reorganization Participation

Andrew C. Kassner & Joseph N. Argentina Jr.

What provisions in a subordination agreement can be enforced, and can the subordinated creditor participate in the reorganization process if there is no prospect it will receive any distribution as a result of being subordinated?

Features

DOJ Looking to Develop New SEP Policies Image

DOJ Looking to Develop New SEP Policies

Bruce Love

The Justice Department has confirmed it is looking to develop new policies surrounding how standard-essential patents might be used as tools for anticompetitive practices. The change in policy will mean big business for law firms that can combine highly technical IP advice with their antitrust and litigation practices.

Features

Third Circuit: Assertions of Sovereign Immunity Can Be Scrutinized In the Bankruptcy Context Image

Third Circuit: Assertions of Sovereign Immunity Can Be Scrutinized In the Bankruptcy Context

Corinne Ball

In an era of increasing participation and regulation by various governmental agencies in businesses eligible for bankruptcy relief, the Third Circuit's decision in Venoco is an important development for assessing the extent to which a distressed business can address action by a governmental unit through a bankruptcy case.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Mixed Ruling in Police Officer's Lawsuit Over Depiction in Netflix Documentary New York Court Rules Music Plaintiffs Failed To Establish Vimeo's "Red Flag" Knowledge Third Circuit Rejects Agency Law Principles in Deciding Work-for-Hire Issue in Termination Rights Dispute Over Game of Life Board Game

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Zhiqiang Liu

Federal Circuit Rejects Theory of Infringement Based on Oversimplified Claim Interpretation and Finds That the ITC Correctly Required Proof of Substantial Non-infringing Use Based on Real-World Evidence Federal Circuit Reverses District Court's Decision Dismissing a Declaratory Judgment Action for Lack of Personal Jurisdiction Because the Patent Owner Directed Extensive Communications to the Judicial District

Features

Legal Tech: EU E-discovery 'Phenomenon' Comes With Unique Issues Image

Legal Tech: EU E-discovery 'Phenomenon' Comes With Unique Issues

Frank Ready

For a jurisdiction with little to no discovery process, the EU and its stringent privacy requirements may have already emerged as the next frontier for e-discovery providers looking to expand their business outside of the United States. However, the region's relative inexperience with e-discovery could still emerge as a hindrance for vendors eyeing an EU-based expansion.

Features

Court Addresses Issues Relating to RLUIPA Safe Harbor and the Equal Protection Clause Image

Court Addresses Issues Relating to RLUIPA Safe Harbor and the Equal Protection Clause

Steven M. Silverberg

Recently the United States District Court for the Southern District of New York grappled with issues relating to local zoning restrictions on houses of worship.

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