A Failure to Assume
In most Chapter 11 cases, the debtor (or trustee if one is appointed), either prior to or in connection with plan confirmation, will move to assume or reject its executory contracts, unexpired leases, or both (collectively "Executory Contracts") pursuant to ' 365 of the Bankruptcy Code. 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.
What's New in the Law
Highlights of the latest developments in equipment leasing law.
Features
FAA Updates Its Procedures for Registration of Aircraft
This article discusses a new FAA rule designed to improve the accuracy of aircraft registration records, and its effect on aircraft financiers.
News Briefs
Highlights of the latest franchising news from around the country.
Court Watch
Highlights of the latest franchising cases from around the country.
Q&A with Misty Chally
In this Q&A, Misty Chally, the Coalition of Franchisee Associations' deputy executive director, discusses the mission of the organization and its future plans.
Franchising in Asia
Speakers at the International Symposium on Franchising stressed the danger to brand owners of making assumptions about how new markets will perceive their products and services.
Arbitrate? Litigate? Avoid Both Through Mediation
While some people are disappointed by mediations that do not magically produce settlements, more often than not, they do produce resolutions that are preferable for both franchisee and franchisor (though maybe not for their lawyers) than results obtained in either litigation or arbitration.
Features
Case Briefs
Highlights of the latest insurance cases from around the country.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe HarborThe Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."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 ›
- 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 ›
- 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 ›
- Questions Every Law Firm Business Development Leader Should Be AskingIn a legal marketplace transformed by technology, heightened client expectations, and fierce competition, law firm leaders must approach strategy with rigor and clarity. The following questions, accompanied by relevant statistics and explanations, offer a focused guide for uncovering opportunity and driving sustainable growth.Read More ›
