Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Home Topics

Litigation

Features

Privacy Issues In Bankruptcy Proceedings Image

Privacy Issues In Bankruptcy Proceedings

Stephanie Skaff, Sushila Chanana & Ashleigh Nickerson

Due to the COVID-19 pandemic, some businesses are considering potential liquidation or restructuring through bankruptcy. Companies in this situation should keep privacy concerns in mind, because the handling of personal data in bankruptcy proceedings poses some unique challenges.

Features

Pandemic Forces Small Restaurants to Make Tough Bankruptcy Choices Image

Pandemic Forces Small Restaurants to Make Tough Bankruptcy Choices

Andrew C. Kassner & Joseph N. Argentina Jr.

Perhaps no sector has been more challenged from the COVID-19 pandemic than the restaurant industry. And, as is often the case, these difficult situations and the resulting tough choices must be addressed in the bankruptcy system.

Features

Important Amendments to the Bankruptcy Code In the Consolidated Appropriations Act Image

Important Amendments to the Bankruptcy Code In the Consolidated Appropriations Act

Richard F. Broude

A preview of an update to the book Reorganizations Under Chapter 11 of the Bankruptcy Code that covers The Consolidated Appropriations Act that was enacted in December.

Features

The NY Court of Appeals Provides Important Guidance for Lease Surrender Agreements Image

The NY Court of Appeals Provides Important Guidance for Lease Surrender Agreements

Bruce H. Lederman

At a time when the COVID-19 crisis is causing an unprecedented number of lease defaults, a recent NY Court of Appeals decision provides both guidance and warnings to attorneys asked to negotiate and litigate leasehold surrender agreements.

Features

The NY Court of Appeals Provides Important Guidance for Lease Surrender Agreements Image

The NY Court of Appeals Provides Important Guidance for Lease Surrender Agreements

Bruce H. Lederman

At a time when the COVID-19 crisis is causing an unprecedented number of lease defaults, the recent Court of Appeals decision, The Trustees of Columbia University v D'Agostino Supermarkets, Inc., provides both guidance and warnings to attorneys asked to negotiate and litigate leasehold surrender agreements.

Features

Exercising Restraint: Federal Circuit Affirms Dismissal of Declaratory Judgment Action Under Abstention Doctrine Image

Exercising Restraint: Federal Circuit Affirms Dismissal of Declaratory Judgment Action Under Abstention Doctrine

Rudy Kim & James Hancock

The Federal Circuit affirmed the dismissal of a declaratory judgment action based on the "abstention doctrine," despite the declaratory judgment plaintiff's insistence that the underlying contract dispute required resolution of patent validity and claim scope that were within the federal courts' exclusive purview.

Features

The Small Business Reorganization Act: How It Started. How it's Going. Where to Next? Image

The Small Business Reorganization Act: How It Started. How it's Going. Where to Next?

Jack O'Connor

By further expanding access to a streamlined Chapter 11 process, the SBRA will ensure that a wider array of debtors have the ability of reorganizing themselves, when Chapter 11 was previously too cost-prohibitive for such debtors.

Features

Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World Image

Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World

Gwendolyn Seale

Part One of a Two Part Article While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing "quarantine streams," in which they livestream their sets on social media platforms. Unsurprisingly many questions have arisen.

Features

Not-So-Incidental Byproducts of 'Kelly' Image

Not-So-Incidental Byproducts of 'Kelly'

Gary Stein

Early returns are in, and they indicate that the Supreme Court's decision in the so-called "Bridgegate" case will be an effective tool for pruning the wild overgrowth that has built up around the federal fraud statutes.

Columns & Departments

Development Image

Development

Stewart Sterk

Use Variance Not Necessary for Use of Home As AirBnB Rental Merger of Back-to-Back Lots

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
    Read More ›
  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
    Read More ›