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Supreme Court May Preserve EDTX Grip on Patent Cases Image

Supreme Court May Preserve EDTX Grip on Patent Cases

Tony Mauro

The U.S. Supreme Court did not appear eager to upset the patent litigation landscape by drastically limiting where infringement lawsuits can be filed.

Features

Expansion of the <i>Barton</i> Doctrine To Unsecured Creditors' Committees Image

Expansion of the <i>Barton</i> Doctrine To Unsecured Creditors' Committees

Sheryl P. Giugliano

The U.S. Court of Appeals for the Ninth Circuit recently held in <i>Blixseth v. Brown</i> that under <i>Barton v. Barbour</i>, a plaintiff must obtain a bankruptcy court's permission before commencing a lawsuit in another forum against a member of the committee of unsecured creditors, and that <i>Stern v. Marshall</i> does not preclude bankruptcy courts from adjudicating such claims on the merits.

Features

Make-Whole Mayhem Image

Make-Whole Mayhem

Jeffrey R. Gleit & Nathaniel R.B. Koslof

<b><i>Uncertain Treatment of Make-Whole Premiums Upon Bankruptcy-Induced Acceleration and Redemption of Indentures</b></i><p>Make-whole premiums are essentially prepayment penalties imposed on borrowers when loans are paid off in advance of their maturity dates. These premiums remove the borrowers' incentives to refinance whenever interest rates drop, and provide stability and predictability to the world of secured lending.

Features

Trade Secrets and Whistleblower Disclosures Image

Trade Secrets and Whistleblower Disclosures

Philip M. Berkowitz

A national bank client calls you and says that an internal auditor employee, who has signed stringent confidentiality and non-disclosure agreements, has…

Columns & Departments

In the Courts Image

In the Courts

ljnstaff & Law Journal Newsletters

On March 9, 2017, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit affirmed U.S. District Judge Robert Shelby's approval of a settlement that barred several IRA account owners from filing individual claims against the custodian bank. An in-depth analysis of the court's ruling.

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ljnstaff & Law Journal Newsletters

In-depth analysis of several pivotal rulings.

Features

Landlord Harassment of Commercial Tenants Image

Landlord Harassment of Commercial Tenants

Janice G. Inman

<i><b>Part Two of a Two-Part Article</i></b><p>As discussed last month, in <i>Lansaw v. Zokaites</i>, the tenants (and bankruptcy petitioners) complained of certain harassment that occurred prior to the filing of their bankruptcy petition. Let us turn now to the court's analysis of the landlord's post–bankruptcy-petition behavior.

Features

Extraterritorial Jurisdiction of IP Laws Image

Extraterritorial Jurisdiction of IP Laws

Andrew P. MacArthur & Ralph A. Dengler

Recent U.S. cases have created benchmarks of patent, trademark, copyright, and trade secret liability for foreign activity, and businesses should take heed.

Features

High Expectations for Commercial Construction Activity Image

High Expectations for Commercial Construction Activity

ljnstaff & Law Journal Newsletters

Construction industry executives are particularly optimistic regarding the prospects of local, nonresidential construction activity this year, according to a recent Wells Fargo Equipment Finance survey of industry contractors and equipment distributors.

Features

Navigating the Bankruptcy Court's Power to Modify A Secured Creditor's Lien Image

Navigating the Bankruptcy Court's Power to Modify A Secured Creditor's Lien

David M. Hillman & James T Bentley

This article focuses on the impact of section 552 of the Bankruptcy Code, which addresses the effect of a bankruptcy filing on property acquired by the debtor after the filing of the bankruptcy case (referred to as "after-acquired property") and proceeds of pre-bankruptcy collateral.

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