Features
Supreme Court May Preserve EDTX Grip on Patent Cases
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
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
<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
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
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
In-depth analysis of several pivotal rulings.
Features
Landlord Harassment of Commercial Tenants
<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
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
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
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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