Litigation

Features

At present, there remains no avenue for Chapter 11 debtors to receive PPP Loans during the course of the bankruptcy case. The limitation on PPP availability notwithstanding, other legislative changes have greatly enhanced the eligibility for and efficacy of bankruptcy relief for many small businesses.

Features

While some states, like California, recognize post-mortem publicity rights, New York had extended the right of publicity to living New Yorkers only.

Columns & Departments

Occupation By Family Member of Corporate Principal Does Not Terminate Unsold Share Status Abandonment of Easement By Condominium Unit Owner Condominium Unit Owner Entitled to Damages for Board's Failure to Approve Transfer

Features

Due to COVID-19's impact, the commercial office market should fundamentally shift in favor of tenants for the next several years. Law firm tenants should find an environment characterized by friendly concessions, options across asset classes and price ranges, and limited competition for space.

Features

In some instances the appearance of third-party intellectual property on items purchased, owned and customized by the purchaser may be legal under the doctrines of first sale and fair use.

Features

This article addresses some of the relevant employment laws and litigation vulnerabilities that companies, including their owners, officers and directors, should consider before ceasing operations or filing for bankruptcy.

Features

This article focuses on the basics of fraudulent transfer claims and solvency analysis in the context of lawsuits where a plaintiff is seeking to recover payments made prior to the bankruptcy case being commenced, sometimes referred to as "claw back" litigation.

Features

Hillary Clinton's 2015 statement about the possibility of incarceration for employment-related failures was, to many, an alarming prospect. Since that time, this movement has grown, and has recently gained momentum. Today, prosecutors across the country increasingly seek criminal fines and jail time for what were previously seen as non-criminal labor violations.