Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
Read More › Features
COVID-19 Related Governmental Shut Down Order Triggers Force Majeure Provision In Restaurant Leases
Marisa L. Byram
As we all expected, cases are being brought and decided on the issue of whether the COVID-19 pandemic and related governmental shut down orders trigger force majeure clauses in commercial leases and operate to excuse the performance of commercial tenants. While force majeure clauses vary widely, a recent decision from an Illinois Bankruptcy Court may provide guidance to help resolve disputes without resorting to the courts.
Features
The Russian Vodka Saga
Jared Looper
Federal Treasury Enterprise Sojuzplodoimport v. Spirits International BV What do the fall of the Soviet Union, a heist of trademark rights, and Stolichnaya vodka have in common? They are all key components of the Russian Federation's efforts to reclaim its trademarks in Stolichnaya vodka.
Features
Ticket Refund Suits Against StubHub to Get MDL Treatment
Amanda Bronstad
Online ticket reseller StubHub faces lawsuits over allegedly unrefunded event tickets in California, after a federal judicial panel ordered that similar cases from jurisdictions in multiple states be coordinated.
Features
NYC Law Providing Relief for Commercial Tenants Faces Constitutional Scrutiny
Ian Steinberg
New York City Mayor Bill de Blasio delivered another striking blow to property owners when he signed into law N.Y.C. Council Int. No. 1932-A (2020) on May 26, 2020. The new legislation prohibits landlords from enforcing personal guaranties on certain commercial leases for defaults occurring between March 7, 2020 and Sept. 30, 2020.
Features
Bankruptcy Code Section 502(d) Claim Disallowance Issues 'Travel With' the Claim
Rudolph J. Di Massa, Jr.
&
Geoffrey A. Heaton
In a recent decision, the U.S. Bankruptcy Court for the Southern District of New York held that claim disallowance issues under Section 502(d) of the Bankruptcy Code "travel with" the claim, and not with the claimant.
Features
FIFA Decision Confirms Long Arm of Honest Services Fraud
Robert J. Anello
&
Richard F. Albert
United States v. Napout The U.S. government's lead role in the prosecution of corruption within the Zurich-based FIFA may be a paradigmatic example of U.S. law enforcement acting as the world's policeman. If corruption is based on foreign executives violating their duties of loyalty to foreign private entities, how does that translate into a violation of U.S. criminal law? Does it matter that the conduct in which the foreign executive engaged — commercial bribery — may not be illegal under the law of the executive's home country?
Features
Which Method Is for You? Not All Surveys Are Made the Same
Laura O'Laughlin, Harriet Ho
&
Duy (Joey) Duong
As survey evidence has become increasingly common in litigation, it is important to remember that not all surveys are made the same. It's important to be able to identify the right survey methodology for the matter at hand. Third in a series
Columns & Departments
Players on the Move
Anne Bagamery, Dan Clark
&
Varsha Patel
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features
10th Circuit Looks At Nuances of Challenging Fraudulent Conveyance
Francis J. Lawall
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Marcy J. McLaughlin Smith
Under the Bankruptcy Code, not only can the initial recipient of a fraudulent conveyance be held liable, but so too can a subsequent transferee. However, there can be important nuances in the challenged transaction that may provide a subsequent transferee with a substantial defense.
Features
Legal Tech: Summer 2020's Most Interesting E-Discovery Cases
Mike Hamilton
Social Media & Cell Phones Still Represent an E-Discovery Battleground
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