Litigation

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<b><i>Part Two of a Two-Part Article</b></i><p>The ability of a debtor to reject a restrictive covenant under Section 365 or to sell free and clear of a covenant under Section 363(f) is limited and the obstacles are difficult to surmount. A possible solution, however, may surface if a debtor can demonstrate a change of circumstances under state law.

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BOSTON Band Principal Scholz Loses Appeal in “Original” Member Billing Dispute Against Former BOSTON Guitarist Goudreau<br>Former Band Member's Counterclaims Against Commodores Are Dismissed

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City Not Estopped to Object to Nonconforming Building<br>Lawyer Advertising Billboards Not Treated As Onsite Advertisements<br>Town Not Obligated to Consider Zoning Amendment<br>East Harlem Rezoning Upheld

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Failure to Register Precludes Landlord from Collecting Otherwise Lawful Rent Increases<br>Unlawful Entry and Detained Proceeding Requires Proof of Possession

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Insurance Lapse Deemed Not Curable<br>Uncertain Method for Determining Future Rent Dooms Renewal Rights

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Federal Circuit: IPR Petitioner Always Retains Burden of Establishing Timeliness<br>Federal Circuit: Framework for 'Overlapping Cases' Applies in IPR

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The U.S. Court of Appeals for the Third Circuit on Sept. 13 upheld a Delaware Bankruptcy Court's decision to block a Florida-based energy company from collecting a $275 million merger termination fee against the bankruptcy estates of Energy Future Holdings Corp. and a subsidiary.

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Second Circuit Issues Ruling Against DOJ in <i>United States v. Hoskins</i> Appeal