Features
When Does Content of a Debtor's Bar Date Notice Satisfy Due Process?
The Third Circuit recently examined whether the content of a debtor's bar date notice satisfied due process, so as to discharge unknown litigation creditors' claims against the company after confirmation of the debtor's Chapter 11 plan of reorganization.
Features
New York Federal District Court Dismisses Investor Lawsuit Over Tencent Music IPO
In December 2018, China-based titan Tencent Music Entertainment launched a U.S. initial public offering (IPO). But the IPO resulted in an investor's class action suit alleging TME violated federal securities laws. This is part of a trend of increasing such securities suits against foreign companies, though the U.S.
Features
Drafting a Fair Force Majeure Provision In the Wake of COVID-19
Only a handful cases have addressed force majeure clauses in commercial real estate agreements in the wake of the pandemic, which has produced conflicting views as to whether performance was excused.
Features
Retail Lease Workout Trends Show 'We're All In This Together'
There have been plenty of cases during the pandemic that shape the landlord-commercial tenant dynamic both in Chapter 11 bankruptcies and in workouts.
Features
Legal Triggers In NFT Crypto Craze
The latest cryptocurrency craze has litigators closely watching from the sidelines. Buyers of digital non-fungible tokens (NFTs) are ready to shell out hundreds of thousands of dollars, sometimes more, but when disputes start to hit the scene, litigators said there is little to no case law as precedent.
Features
Supreme Court on APIs and Fair Use
Google didn't get an answer from the U.S. Supreme Court on whether the Java Application Programming Interfaces (APIs) it copied from Sun Microsystems were copyrightable. But it got just about everything else it could have hoped for in a decision that ended its 11-year copyright clash with Sun's successor, Oracle.
Features
New Normal Will See Shift In How Commercial Real Estate Is Done
By moving away from demand for traditional offices and office space, employers will be able to select from a much broader range of talent and a much greater geographical range of places to find and use these employees.
Features
Appellate Division Overturns Supreme Court Order to Partially Demolish 55-Story Building
In Committee for Environmentally Sound Development ("CESD") v. Amsterdam Ave. Redevelopment Associates LLC, the Appellate Division, First Department, overturned a Supreme Court decision that would have required partial demolition of a nearly completed 55-story building at 200 Amsterdam Avenue.
Features
The World of NFTs and Their Implications In Intellectual Property Law
NFTs have been all the rage in the world. So what exactly are NFTs, and how do they reconcile with the basic tenets of intellectual property law?
Features
There Is No Post-Confirmation True-Up of Projected Disposable Income In Subchapter V
A large number of reported decisions interpreting Sub V have mostly addressed the eligibility threshold for a debtor to proceed under the new law. And legitimate questions will continue to present themselves. Such is the nature of most new (and even not-so-new) statutes.
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