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Litigation

  • A U.S. District Court Judge for the District of Delaware judge ruled not to grant a motion that would have stayed a liquidation plan setting aside $17 million to settle with those who have claimed sexual misconduct by former film industry executive Harvey Weinstein.

    April 01, 2021Ellen Bardash
  • Retail, entertainment and hospitality have been hit particularly hard by government-mandated COVID-19 shutdowns. For many, the road ahead will end in, or lead through, bankruptcy. Bankruptcy law has a language of its own, making it challenging to navigate the process for everyone involved, including for the landlords of bankrupt businesses worried about missing rent payments.

    April 01, 2021Stephanie C. Lieb and Alexander Zesch
  • This article describes pending federal prosecutions, which level corruption charges against high-level officials, considers how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases, and concludes with some observations about the outer limits of federal public corruption prosecutions.

    April 01, 2021Elkan Abramowitz and Jonathan S. Sack
  • United States v. Arthrex, Inc. Proving that even the driest of constitutional issues can have significant practical effect, the U.S. Supreme Court recently heard argument in United States v. Arthrex. Before the Court was whether administrative judges of the PTAB have been appointed unconstitutionally.

    April 01, 2021Ben Clark
  • In a set of foreclosure cases decided in late February, the Court of Appeals resolved some of the questions that have plagued New York's court system in the aftermath of last decade's mortgage crisis.

    April 01, 2021Stewart E. Sterk
  • The decision appears to take steps to harmonize the prior cases that appropriately were guided by the Wands factors with the cases discussing the "full scope" of enablement that have engendered some confusion in the law.

    April 01, 2021Bruce M. Wexler, Aaron P. Selikson, Ashley N. Mays-Williams and Susan S. Hwang
  • Claim That Bank Lacked Standing to Foreclose Waived By Failing to Raise Standing In Answers or Pre-Answer Motions Seller Denied Summary Judgment on Purchaser's Fraudulent Inducement Claim Fraudulent Transfer Claim Reinstated Questions of Fact Preclude Summary Judgment on Counterclaim for Improper Diversion of Water Supreme Court Improperly Denied Specific Performance to Purchasers Delay In Vacating a Default Justifies Application of Laches Doctrine to Prior Mortgagee Mortgagor Who Failed to Appear Not Entitled to Vacate Foreclosure Sale Judgment Lien Enforced Despite Error In Docketed Amount

    April 01, 2021ssalkin
  • The rights of college student-athletes to receive compensation for the use of their "name, image and likeness" (NIL) are finally being addressed. As…

    April 01, 2021Benjamin Tulis and Gregg E. Clifton