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.
Features
Transportation Services Agreements At Risk in Chapter 11 Proceedings
In 2020, we've become all too familiar with the struggles of the gas and oil producers upon which many of our most popular industries rely. The resultant surge in restructuring activities, including Chapter 11 proceedings, among gas and oil producers is the highest in years.
Features
Finding Common Ground In Lease Provisions During COVID-19
This article seeks to examine key current issues, and offers practical advice to landlords and tenants seeking common ground to address the ongoing financial toll of the pandemic.
Features
Implications of a More Conservative Supreme Court for White-Collar Practitioners
A review of recent decisions of the Roberts court and of decisions in which Barrett participated during her limited tenure on the U.S. Court of Appeals for the Seventh Circuit provides some hints regarding how the Supreme Court's future decisions may affect the law relevant to white-collar criminal practice.
Features
Evolving Court Views on Content Embedding
Recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders that entertainment industry professionals should note.
Columns & Departments
Development
Denial of Site Plan Application Upheld Issuance of State Permit Does Not Preclude Village's Nuisance Claim Against Waste Disposal Facility
Features
Unseating Inelegant Notions of Product Design Functionality
In Blumenthal Distributing, Inc. v. Herman Miller, Inc., the 9th Circuit considered whether or not the or not the best-selling piece of furniture ever is functional.
Features
Settling COVID-19-Related Commercial Lease Disputes
This article examines how shutdown actions might be approached and resolved by settlement by applying a series of contract performance doctrines that inevitably arise during these types of situations.
Features
SCOTUS Set to Address Circuit Split in Interpreting CFAA
The Computer Fraud and Abuse Act (CFAA) is the sort of broadly worded criminal statute which gives white-collar prosecutors considerable power — and makes defense counsel and judges uneasy. The meaning of "or exceed[ing] authorized access" is not so clear.
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