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Debtor v. UST: The Battleground Over Retention of a Chief Restructuring Officer Image

Debtor v. UST: The Battleground Over Retention of a Chief Restructuring Officer

Mark S. Melickian & Jack O'Connor

The battle over retaining a chief restructuring officer, which the United States Trustee has traditionally not objected to, is heating up.

Features

Alleging the Existence of a Trade Secret in a Misappropriation Case Image

Alleging the Existence of a Trade Secret in a Misappropriation Case

Daniel R. Saeedi

<b><i>The Detail Dilemma</b></i><p>How much detail does it take to allege a trade secret under federal pleadings standards? Can the alleged trade secret be described generally in the complaint or must it be described in detail? This article analyzes the various considerations that inform a court's viewpoint on the issue. Lawyers who litigate trade secret cases should be well-aware of these considerations.

Features

Washington's FARA Frenzy Spurs New Legal Business Image

Washington's FARA Frenzy Spurs New Legal Business

Ryan Lovelace

<b><i>The FARA feeding frenzy had already been building in recent years, but it gained traction in the months since Manafort's indictment last fall.</b></i><p>The U.S. Justice Department's aggressive enforcement of the Foreign Agents Registration Act (FARA) has drawn blood throughout the consultant class in Washington, with lawyers assessing the casualties and prowling for new business.

Columns & Departments

In the Courts

Colleen Snow

Former CFO of Bankrate Sentenced to 10 Years in Prison for $25 Million Fraud Scheme

Features

Early Termination Provisions: A Landlord's Saving Grace … If Done Right Image

Early Termination Provisions: A Landlord's Saving Grace … If Done Right

Menachem J. Kastner & Ally Hack

The focus of this article is the “early termination provision,” a lease provision that affords landlords the tactical advantage they need. Specifically, this article seeks to: 1) guide the practitioner through the pitfalls of a poorly drafted termination provision; and 2) advise the practitioner how to craft a proper and effective termination provision.

Columns & Departments

Bit Parts

Stan Soocher

<i>Friday the 13th</i> Screenplay Author's Copyright Termination Notice Found Valid<br>Infringement Suit over Justin Timberlake's “Damn Girl” Allowed to Proceed

Features

Second Circuit Rejects Use of Involuntary Bankruptcy Petition As Collection Tool Image

Second Circuit Rejects Use of Involuntary Bankruptcy Petition As Collection Tool

Michael L. Cook

A bankruptcy court properly dismissed a creditor's involuntary bankruptcy petition “for cause” when it “would serve none of the Bankruptcy Code's goals or purposes … and [when] the sole [petitioning] creditor is not substantially prejudiced by remedies available under state law,” held the U.S. Court of Appeals for the Second Circuit in </i>In re Murray.</i>

Features

Which Financial Representations Will Justify a Discharge Objection after Lamar, Archer? Image

Which Financial Representations Will Justify a Discharge Objection after Lamar, Archer?

John A. Thomson, Jr.

The Supreme Court's decision in <i>Lamar, Archer &amp; Cofrin, LLP v. Appling</i> has significantly constricted the range and nature of statements that will support a successful objection by a creditor to the discharge of a debt that was obtained by the statements in question. This constriction could have a very real impact on how entities that loan money or provide services on credit review and collect information regarding a borrower's creditworthiness.

Columns & Departments

IP News

Jeff Ginsberg & George Soussou

Obviousness Determination Can Be Different for Apparatus and Method Claims<br>Petitioner “Bears the Burden” On Demonstrating Real Parties in Interest

Columns & Departments

Business Crimes Hotline

Collen Snow

Petrobras Pays $853.2 Million to U.S. and Brazil Authorities to Settle FCPA Charges

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