A Failure to Assume
This article discusses the "ride-through" doctrine, which courts have developed to resolve the ambiguity resulting from a debtor's failure to assume or reject an executory contract under ' 365 prior to plan confirmation.
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Judge Not, Lest Ye Be Judged ... Via Online Resources
How to conduct online research on the judges who preside over your cases.
Ninth Circuit Holds That Even Brats Deserve Equitable Treatment
<i>Mattel Inc. v. MGA Entertainment, Inc.</i>, a recent case decided by the Ninth Circuit, illustrates why companies should ensure that the ideas developed by their employees may not be exploited by those employees to the detriment of their employer.
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What Corporate Counsel Need to Know About Managing Deposition Costs
This article provides some guidance to in-house counsel as to how to better manage your outside counsel in limiting this deposition costs. This boils down to deciding who should or should not be deposed.
Supreme Court Ruling Bolsters Ability of Third-Party Employees to Bring Retaliation Suits
In a decision bound to affect all employers,the Supreme Court unanimously held that the anti-retaliation provisions of Title VII of the Civil Rights Act of 1964 not only protect employees who challenge discrimination, but also co-workers who are related to or a close associate of the employee.
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Equitable Subordination Attacks on Secured Lenders
This article discuss two recent cases involving equitable subordination in bankruptcy that should inform the conduct of lenders when dealing with financially deteriorating borrowers, especially in such matters as credit facility amendments, forbearance agreements and providing additional financing.
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Leasing Wind Power Facilities: A New Reality
Leasing has appeared on the national stage as a potentially viable, though complex, type of financing for wind energy facilities, with its successful use in two large utility scale projects and one community wind project.
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- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.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 ›
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