Features
Bankruptcy Court Responses to COVID-19 Relief Orders
The economic impact of COVID-19-related shutdown orders, and the governmental directives, raise questions of how bankruptcy courts will respond.
Features
Fair Use Applied to Embedded Photograph
The extremely flexible character of social media has required equal flexibility in courts' intellectual property analysis. Happily, under U.S. copyright law, that kind of flexibility is possible.
Features
'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic?
As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.
Features
Equal Justice Should Apply to All, Including the President's Friends
This article considers certain positions taken by DOJ in cases involving Roger Stone, Michael Flynn and the subpoenas duces tecum issued by the New York District Attorney's Office in connection with its investigation into the Trump Organization.
Features
How U.S. Court Ruled Whether France's Right of Publicity Law Is Descendible
Battles over celebrities' estates often end up in litigation, but a recent court ruling involving the estate of French oceanic explorer, environmentalist and documentary filmmaker Jacques Cousteau included a not-often-seen right of publicity consideration: how a U.S. court determines whether right-of-publicity protection in another nation is descendible.
Features
Defending Attorneys Against Extortion Charges Presents Unique Challenges
Although the criminal prosecution of lawyer misconduct is nothing new, the recent indictment of a plaintiffs' lawyer in Maryland and sentencing of two plaintiffs' lawyers in Virginia illustrate the particular danger to attorneys who arguably cross the line during negotiations with potential litigation counterparties.
Features
Allocation Issues for Settling Weinstein Sex Assault Claims
This article examines the recent judicial dialogue concerning allocation of Weinstein settlement proceeds among Weinstein crime victims, Weinstein Company creditors and defense counsel who have defended the Weinstein corporate officers and directors, and the overall negative impact these various episodes of the Weinstein settlement story likely have on victims' willingness to participate or come forward at all.
Features
Four Class Actions Allege Rent Overcharge Chicanery
On Oct. 29, 2020, a Manhattan real-estate firm filed four separate class-action lawsuits highlighting three different maneuvers landlords used to evade the requirements of a tax-abatement program.
Features
Turn that Frown Upside Down
Using Subchapter V's Unlimited Debt Limit & Confirmation Requirements to Eradicate Personal Guarantees Limitations to Subchapter V suggest that it will be of no use to all but very small companies, but before turning completely away from the topic, there are other considerations in play.
Features
Four Class Actions Allege Rent Overcharge Chicanery
On Oct. 29, 2020, a Manhattan real-estate firm filed four separate class-action lawsuits highlighting three different maneuvers landlords used to evade the requirements of a tax-abatement program.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- 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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
