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Your Tenant Is in Default, But the Entity Does Not Exist Image

Your Tenant Is in Default, But the Entity Does Not Exist

By Kevin Montee & Monica Sloboda

More often than you might think, landlords enter into leases with tenant-entities only to find later, when the tenant defaults under the lease, that the tenant-entity was never lawfully formed or did not exist at the time of entering into the lease.

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

An in-depth analysis of key decisions of note.

Features

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Analysis of two separate decisions of note.

Features

When Taking Proprietary Information Is Not a Crime Image

When Taking Proprietary Information Is Not a Crime

Wendy H. Schwartz & Jennifer L. Achilles

In back-to-back decisions, the Ninth and Second circuits interpreted three different federal statutes '' the CFAA, the NSPA, EEA '' in ways that narrowed federal prosecutors'' ability to charge former employees for stealing proprietary information from their companies.

Features

Update: The IRS Whistleblower Program Image

Update: The IRS Whistleblower Program

Sharon L. McCarthy

This article continues last month's discusssion with a look at the IRS whislteblower program's success to date, as well as proposed improvements to the program.

The Fragile Fifth Amendment Image

The Fragile Fifth Amendment

Abraham Rein

When the contents of electronic devices are encrypted, must the owner facilitate the government's review by decrypting the data or supplying the password to do so? A look at recent rulings.

Asbestos Claims Image

Asbestos Claims

Jeff Mordock

Asbestos defendants that file for reorganization under the U.S. Bankruptcy Code and seek to establish a personal injury trust for the payment of claims may transfer their liability insurance recovery rights to the trust even if the insurance policies include provisions barring the transfer of such rights.

Court Reverses 'Ponzi-Like' Fraudulent Transfer Ruling Image

Court Reverses 'Ponzi-Like' Fraudulent Transfer Ruling

Michael L. Cook

The Fifth Circuit recently reversed a district court's fraudulent transfer judgment based on a financially troubled entity's gift to a charity. <i>The American Cancer Society v. Cook</i>.

Issue-Specific Withdrawal of the Reference Image

Issue-Specific Withdrawal of the Reference

Menachem O. Zelmanovitz & Rachel Jaffe Mauceri

This article considers the genesis, tendency and scope of the district courts' withdrawals of the reference in some of the more complex proceedings pending today.

Features

Lehman Brothers' ADR Procedures for Resolving Its Derivative Contracts in Bankruptcy Image

Lehman Brothers' ADR Procedures for Resolving Its Derivative Contracts in Bankruptcy

Andrew J. Olejnik

Lehman Brothers' bankruptcy case was the largest and most complex Chapter 11 case in history. Here's an inside look.

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