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.
- May 14, 2011Scott J. Friedman and Mark G. Douglas
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.
May 14, 2011Lawrence S. Goldberg and David M. HillmanThe 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.
May 14, 2011Gina Passarellafranchisors 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.
May 14, 2011Rupert M. BarkoffEven 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.
May 14, 2011Mark MorfopoulosThis article addresses suggests some ways in which a tenant can be certain that its storage space agreement works in concert with its retail lease.
May 14, 2011Glenn A. BrowneLime Wire, the defunct file sharing service, has agreed to a $105 million settlement with recording companies over infringement of music copyrights.
May 13, 2011Nate RaymondAlthough 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.
May 11, 2011Vivian M. Quinn and Tracey B. EhlersWith 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.
May 11, 2011James J. Ferrelli and Alyson B. WalkerThis article provides a summary and analysis of the recent New Jersey Supreme Court decision, Dean v. Barrett Homes, Inc.; it dealt with the application of the New Jersey Products Liability Act, the economic loss rule, and the integrated products doctrine in a factual context not previously considered by the court.
May 11, 2011Christopher P. DePhillips and Phillip C. Bauknight

