Features
Third Circuit Revives Committee's Deepening Insolvency and Breach of Fiduciary Duty Claims
In a recent opinion issued in the Chapter 11 case of <i>In re Lemington Home for the Aged</i>, the Third Circuit revived claims of breach of fiduciary duty and deepening insolvency against directors and officers of a nonprofit Pennsylvania corporation.
Successor Liability
An asset sale under section 363(f) of the Bankruptcy Code is becoming an increasingly popular mechanism to improve a company's financial condition as an alternative to a traditional plan of reorganization.
The Mighty Sword of PACA in Bankruptcy
Special creditor protection is not located in title 11 of the United States Code; instead, one needs to refer to 7 U.S.C. '' 499a through 499t in order to discover the special protections set forth for "claims" arising under the Perishable Agricultural Commodities Act ("PACA").
Recent Cases Illustrate That Family Law Is Fascinating
Three recent cases, one in Tennessee and two in Florida, are discussed for no reason other than that they are interesting.
Features
Statistically Distinguishing Between Active and Passive Appreciation
When divorce occurs, how do matrimonial attorneys deal with division of wealth that exists at the time of filing? Depending on state laws, <i>very contentiously</i>.
Features
AAML Child Custody Evaluation Standards
The American Academy of Matrimonial Lawyers (AAML) has approved the Child Custody Evaluation Standards to provide the guidance that judges, attorneys and families across the country should embrace.
Features
Employer Found Liable for Harassment By Client
In a recent, unpublished decision, the Fourth U.S. Court of Appeals held that an employer may be responsible for the sexual harassment of one of its employees by the employer's client. This is an interesting issue that the Fourth Circuit had failed to address ' until this decision.
Features
'Ban the Box' Legislation
Ban the Box" types of legislation, designed to ensure that employers are fair when screening persons who may or may not have criminal records, can unintentionally create impossible hiring decisions and pose huge legal risks for employers.
Which State's Anti-Discrimination Law Applies?
For multistate employers, which state's law applies? Is it where the allegedly discriminatory decision is made? Where the company is headquartered? Or the law of the state where the impact of any allegedly discriminatory decision is felt?
IP News
Highlights of the latest intellectual property news from around the country.
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MOST POPULAR STORIES
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›