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Two Recent Cases Shed Light on Potential Risks to Preferred Equity Holders in Chapter 11 Preferred equity is a varied and flexible instrument, but, in practice, it typically has a limited number of common features. One feature is that it is entitled to a "liquidation preference" ahead of common stock. Whether the liquidation preference of preferred equity entitles preferred shareholders to priority over common shareholders in a Chapter 11 reorganization is a question that figured prominently in two recent high profile cases.
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"Good-faith purchasers enjoy strong protection under [Bankruptcy Code] §363(m)," but the silent asset buyer ("B") with "actual and constructive knowledge of a competing interest" lacks "good faith," held the U.S. Court of Appeals for the Seventh Circuit.
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In 2015, the U.S. Supreme Court applied strict scrutiny to a sign regulation as it related to directional signs placed by a local congregation that held services at different locations each week. The Court took another look at the issue of strict scrutiny relating to "off-premises" signs in the case of City of Austin, Texas v. Reagan National Advertising , in which the majority concluded that strict scrutiny should not apply to determining whether the off-premises sign regulations at issue violated the First Amendment.
Columns & Departments
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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In the court reporting market, technology has matured to match or exceed stenography's stronghold on speed and accuracy and, as such, is poised to disrupt the market.
Features
Federal bankruptcy courts have been unavailable to marijuana businesses due to the Schedule I status of marijuana. The United States Trustee's policy is to move to dismiss or object in each case involving marijuana assets, because they cannot be administered under the Bankruptcy Code.
Features
The commercial real estate industry is having little trouble shrugging off today's challenging economic situations and its optimism is brewing with recent pandemic restrictions being lifted, according to a state of the market survey from DLA Piper.
Columns & Departments
"Artistic Relevance" Test Applied to NFTs Vape Musical Found to Be Copyright Fair-Use Parody of Grease
Columns & Departments
COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment COVID-19 Does Not Excuse Failure to Pay Rent
Columns & Departments
Federal Circuit: Agreement Between Patent Owner and Third Party Was Not Insulated from The On-Sale Bar