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Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

Colleen Snow

Changes to Yates Memo Announced

Features

The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses Image

The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses

Daniel A. Lev

<b><i>Part One of a Two-Part Article</b></i><p>This article describes conflicts with zoning boards and neighbors as it relates to distressed golf course properties and the methods sometimes available in the bankruptcy realm for working around the problem of restrictive covenants that run with the land.

Features

Use of Arbitration In Place of Inter Partes Review Proceedings Image

Use of Arbitration In Place of Inter Partes Review Proceedings

David L. Newman

An IPR might be more efficiently accomplished through arbitration than through a PTAB proceeding, so it should be considered by practitioners.

Columns & Departments

In the Courts Image

In the Courts

Colleen Snow

Sentencing for Two Bankers in Zürcher Kantonalbank of Switzerland Case

Columns & Departments

Case Notes Image

Case Notes

ssalkin

Without Contractual Consent to Inspection, Lack of Protest Doesn't Excuse Landlord's Trespass<br>Resulting Trust Found Where Commercial Property Held in Just One Partner's Name

Features

Eighth Circuit Rejects Ponzi Scheme Presumption to Protect Legitimate Loan Repayments Image

Eighth Circuit Rejects Ponzi Scheme Presumption to Protect Legitimate Loan Repayments

Michael L. Cook

The Eighth Circuit affirmed the lower courts' dismissal of a bankruptcy trustee's $250 million fraudulent transfer suit against two banks (the Banks), rejecting the so called “Ponzi scheme presumption” that “allows a creditor to by-pass the proof requirements of a fraudulent-transfer claim by showing that the debtor operated a Ponzi scheme and transferred assets 'in furtherance of the scheme.'”

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Complaints to Amazon by TV Show Host and His Attorney Didn't Constitute DMCA Notices<br>No Actual Malice by Defendants in Libel Suit over Composite Character in Film

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Hui Li

Obviousness-Type Double Patenting Does Not Invalidate Section 156 Patent Term Extension <br>Federal Circuit Holds Assignor Estoppel Does Not Apply in IPR Context<br>Federal Circuit Reverses District Court Holding of Patent Ineligibility of Computer Security Patent

Features

Legal Tech: Cases Highlighting Judicial Discretion in Ordering E-Discovery Sanctions Image

Legal Tech: Cases Highlighting Judicial Discretion in Ordering E-Discovery Sanctions

Mike Hamilton

Three cases from the summer of 2018 reinforce some of the key themes of recent e-discovery case law

Features

Appellate Division Complicates the Rules for Municipalities Charging Consultants' Fees Image

Appellate Division Complicates the Rules for Municipalities Charging Consultants' Fees

Steven M. Silverberg & Katherine Zalantis

In a case addressing what consulting fees (in particular attorneys' fees) can be charged to an applicant before a Zoning Board of Appeals, the Second Department in Landstein v. Town of LaGrange found that the Town had overreached its statutory authority.

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