This article reviews a recent case, D2 Mark LLC v. OREI VI Investments LLC, to understand how the court's decision may provide mezzanine lenders with guidance in structuring a UCC foreclosure sale auction in the COVID-19 landscape so as to strengthen their position against any claims by the mezzanine borrower that the sale is not commercially reasonable.
Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures that will inevitably result from current factors. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating through the enforcement of the "continuous operations provision" found in mall leases.
For the past six years, the E-Discovery Unfiltered report to identify pricing patterns and preferences in electronic discovery, highlight projected investments in the sector, gauge the impact of the cloud, track shifting preferences in outsourcing and remote review, understand vendor selection criteria, and focus on the need for international ediscovery, among other trends.
As consumer surveys become increasingly common forms of evidence in matters involving copyright, patent or trademark infringement, so too do Daubert challenges that attempt to disqualify that evidence. However, getting admitted into court is no guarantee of success — you are not over the entire Daubert hurdle just yet. The next step is ensuring that your survey is convincing the fact finders that your survey's results are dependable and useful.
DGA's "Qualification List" Isn't a "Labor Organization" Under Georgia Law Unlicensed Use of Van Halen Photo in Conjunction With Museum Exhibit Ruled Fair Use
The pandemic has spurred analysis of legal issues as businesses grapple with their respective relationships with both private and public entities. In this article, the authors examine Section 525 of the Bankruptcy Code — the anti-discrimination section, and its implications during COVID-19.
Federal Circuit: Faulty Claim Construction Does Not End Patentability Determination Federal Circuit: Notice to Market Bio Product Not Negated By New Applications
New ebook from ALM's Law Journal Press addresses clients' questions about the enforceability of contracts in the wake of COVID-19.
General assignments for the benefit of creditors (ABCs) have been and continue to be a popular business liquidation device for the orderly wind down of corporations, limited liability companies, and even nonprofit corporations and general partnerships. Just as in bankruptcy, an ABC can also be used to facilitate a going-concern sale of the debtor's assets to a third-party. Includes an interactive state-by-state map.
At law firms, attorneys will need to sustain the high quality of work they do in normal times, albeit with reduced budgets. The good news is that with ediscovery — an essential but expensive part of the litigation process — advances in technology since America's last recession have made it possible to save money and time by adopting a more modernized and comprehensive approach.
