Features

Do COVID-19 Rent and Eviction Protections Just Delay Inevitable Bankruptcy?
In attempts to alleviate the impact of job losses and business disruption due to COVID-19, state and local governments have passed emergency orders and regulations temporarily prohibiting evictions and extending deadlines to pay rent, among other restrictions. When those restrictions are lifted, there is no guarantee that they will have done more than delay the inevitable: eviction and bankruptcy.
Features

COVID-19 Related Governmental Shut Down Order Triggers Force Majeure Provision In Restaurant Leases
As we all expected, cases are being brought and decided on the issue of whether the COVID-19 pandemic and related governmental shut down orders trigger force majeure clauses in commercial leases and operate to excuse the performance of commercial tenants. While force majeure clauses vary widely, a recent decision from an Illinois Bankruptcy Court may provide guidance to help resolve disputes without resorting to the courts.
Features

The Russian Vodka Saga
Federal Treasury Enterprise Sojuzplodoimport v. Spirits International BV What do the fall of the Soviet Union, a heist of trademark rights, and Stolichnaya vodka have in common? They are all key components of the Russian Federation's efforts to reclaim its trademarks in Stolichnaya vodka.
Features

Ticket Refund Suits Against StubHub to Get MDL Treatment
Online ticket reseller StubHub faces lawsuits over allegedly unrefunded event tickets in California, after a federal judicial panel ordered that similar cases from jurisdictions in multiple states be coordinated.
Features

NYC Law Providing Relief for Commercial Tenants Faces Constitutional Scrutiny
New York City Mayor Bill de Blasio delivered another striking blow to property owners when he signed into law N.Y.C. Council Int. No. 1932-A (2020) on May 26, 2020. The new legislation prohibits landlords from enforcing personal guaranties on certain commercial leases for defaults occurring between March 7, 2020 and Sept. 30, 2020.
Features

Bankruptcy Code Section 502(d) Claim Disallowance Issues 'Travel With' the Claim
In a recent decision, the U.S. Bankruptcy Court for the Southern District of New York held that claim disallowance issues under Section 502(d) of the Bankruptcy Code "travel with" the claim, and not with the claimant.
Features

FIFA Decision Confirms Long Arm of Honest Services Fraud
United States v. Napout The U.S. government's lead role in the prosecution of corruption within the Zurich-based FIFA may be a paradigmatic example of U.S. law enforcement acting as the world's policeman. If corruption is based on foreign executives violating their duties of loyalty to foreign private entities, how does that translate into a violation of U.S. criminal law? Does it matter that the conduct in which the foreign executive engaged — commercial bribery — may not be illegal under the law of the executive's home country?
Features

Which Method Is for You? Not All Surveys Are Made the Same
As survey evidence has become increasingly common in litigation, it is important to remember that not all surveys are made the same. It's important to be able to identify the right survey methodology for the matter at hand. Third in a series
Columns & Departments
Players on the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features

10th Circuit Looks At Nuances of Challenging Fraudulent Conveyance
Under the Bankruptcy Code, not only can the initial recipient of a fraudulent conveyance be held liable, but so too can a subsequent transferee. However, there can be important nuances in the challenged transaction that may provide a subsequent transferee with a substantial defense.
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