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Just Say No: Discovery In Chapter 15 Bankruptcies Is Asymmetrical Image

Just Say No: Discovery In Chapter 15 Bankruptcies Is Asymmetrical

Daniel Coyle

Chapter 15 specifically allows foreign representatives to conduct discovery in the U.S., but be wary of other entities that seek to distract and/or delay the Foreign Representative from the asset search.

Features

10 Tips for Navigating the Commercial Tenant Bankruptcy Process Image

10 Tips for Navigating the Commercial Tenant Bankruptcy Process

Stephanie C. Lieb & Alexander Zesch

Retail, entertainment and hospitality have been hit particularly hard by government-mandated COVID-19 shutdowns. For many, the road ahead will end in, or lead through, bankruptcy. Bankruptcy law has a language of its own, making it challenging to navigate the process for everyone involved, including for the landlords of bankrupt businesses worried about missing rent payments.

Features

Federal Public Corruption Prosecutions Image

Federal Public Corruption Prosecutions

Elkan Abramowitz & Jonathan S. Sack

This article describes pending federal prosecutions, which level corruption charges against high-level officials, considers how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases, and concludes with some observations about the outer limits of federal public corruption prosecutions.

Features

Say What? Are PTAB Judges Really 'Inferior Officers'? Image

Say What? Are PTAB Judges Really 'Inferior Officers'?

Ben Clark

United States v. Arthrex, Inc. Proving that even the driest of constitutional issues can have significant practical effect, the U.S. Supreme Court recently heard argument in United States v. Arthrex. Before the Court was whether administrative judges of the PTAB have been appointed unconstitutionally.

Features

Foreclosure Statute of Limitations Image

Foreclosure Statute of Limitations

Stewart E. Sterk

In a set of foreclosure cases decided in late February, the Court of Appeals resolved some of the questions that have plagued New York's court system in the aftermath of last decade's mortgage crisis.

Features

Appellate Courts Split On Bankruptcy Ownership of Malpractice Claims Image

Appellate Courts Split On Bankruptcy Ownership of Malpractice Claims

Michael L. Cook

Judicial hair-splitting, when applying state law to federal bankruptcy cases, creates only uncertainty.

Features

Implications of 'Amgen v. Sanofi' On the State of Enablement Law Image

Implications of 'Amgen v. Sanofi' On the State of Enablement Law

Bruce M. Wexler, Aaron P. Selikson, Ashley N. Mays-Williams & Susan S. Hwang

The decision appears to take steps to harmonize the prior cases that appropriately were guided by the Wands factors with the cases discussing the "full scope" of enablement that have engendered some confusion in the law.

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Claim That Bank Lacked Standing to Foreclose Waived By Failing to Raise Standing In Answers or Pre-Answer Motions Seller Denied Summary Judgment on Purchaser's Fraudulent Inducement Claim Fraudulent Transfer Claim Reinstated Questions of Fact Preclude Summary Judgment on Counterclaim for Improper Diversion of Water Supreme Court Improperly Denied Specific Performance to Purchasers Delay In Vacating a Default Justifies Application of Laches Doctrine to Prior Mortgagee Mortgagor Who Failed to Appear Not Entitled to Vacate Foreclosure Sale Judgment Lien Enforced Despite Error In Docketed Amount

Features

Developments In Student Athletes' Publicity Rights Image

Developments In Student Athletes' Publicity Rights

Benjamin Tulis & Gregg E. Clifton

The rights of college student-athletes to receive compensation for the use of their "name, image and likeness" (NIL) are finally being addressed. As…

Features

Landlords Could See Courts Sympathetic to Tenants In Eviction Lawsuits Image

Landlords Could See Courts Sympathetic to Tenants In Eviction Lawsuits

James D. Silver

While residential cases will grab the headlines, commercial property owners, managers and their attorneys should know that financially troubled tenants will be making news of their own. Armed with the hope of keeping their business afloat, they will unveil, or expand on, defenses to mitigate the pandemic's financial impact and to save their leases.

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