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Medicare and Medicaid Issues in Insolvency Cases
Almost every health care bankruptcy case involves Medicare or Medicaid payments in some form or fashion. Insolvency professionals should be aware of the many complications of Medicare and Medicaid payments and potential negative consequences in bankruptcy cases.
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Bankruptcy Claims Traders Alert
The Seventh Circuit recently affirmed a ruling that the purchaser of a claim based upon an executory contract that was ultimately rejected by a Chapter 11 DIP is not entitled to cure amounts as part of its allowed claim.
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Buyer Beware
Secured lenders often consider an out-of-court foreclosure as a faster and more efficient alternative to a credit bid sale under Chapter 11. The Second Circuit Court of Appeals has nowthrown a monkey wrench into the foreclosure alternative.
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Failure to File Post-Trial Motions Means $18.5 Mil. Verdict Stands
The Pennsylvania Superior Court has upheld an $18.5 million verdict against grocery chains Safeway and Genuardi's because the chains did not file post-trial motions before appealing to the Superior Court.
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Implementing Change in a Franchise System
franchisors should examine their existing franchise agreements and cultures, to make sure that when the time comes for a change to be made expeditiously, the franchisor will have the mechanisms to meet the changing market conditions.
Practice Tip: Permitting Short-Term Access to Your Property
Even in a few hours ' or a few minutes, for that matter ' an accident can occur on your premises and you can find yourself defending claims brought by third parties when you did nothing to cause the damage or injury.
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Storage Space in a Retail Facility
This article addresses suggests some ways in which a tenant can be certain that its storage space agreement works in concert with its retail lease.
Lime Wire Settles for $105 Million
Lime Wire, the defunct file sharing service, has agreed to a $105 million settlement with recording companies over infringement of music copyrights.
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Overview of 2011 Food Safety Legislation
Although the FSMA has been heralded as bringing about an overhaul of the U.S. food system, questions remain as to its full force and effect.
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Practice Tip: Top 10 Tips for Defending Mass Torts in NJ
With plaintiffs filing numerous cases in the Garden State, it is easy to fall into the mindset that New Jersey is for plaintiffs. Do not get caught in that trap and become complacent, filing rote motions and litigating on autopilot.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
