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Appellate Court Reverses Chapter 11 Confirmation Order Based on Faulty Tax Ruling Image

Appellate Court Reverses Chapter 11 Confirmation Order Based on Faulty Tax Ruling

Michael L. Cook

The Northern District of California recently issued two blistering opinions on appeals by the IRS and California Franchise Tax Board from a bankruptcy court's Chapter 11 plan confirmation order and a tax determination order.

Features

AI Isn't New to Law: How the Practice of Law Should Embrace AI Image

AI Isn't New to Law: How the Practice of Law Should Embrace AI

Melissa "Rogo" Rogozinski

Understanding what AI is — and what it is not — helps to identify where it can be of value and what limitations it currently has. Not only will AI certainly impact your practice in the future, it already has.

Features

Syndicated Commercial Real Estate Loan Transactions In Today's Market Image

Syndicated Commercial Real Estate Loan Transactions In Today's Market

Richard S. Fries & Darby K. Brown

Larger commercial real estate mortgage loans are often originated by a group or "syndicate" of lending institutions that each contribute a portion of the overall loan proceeds and share the benefits and risks. This article describes several significant features of a "syndicated" real estate loan that are not commonly known or understood.

Features

The Am Law 100: Equity Tiers Rose But That Might Not Last for Long Image

The Am Law 100: Equity Tiers Rose But That Might Not Last for Long

Andrew Maloney

the word "invest" was top-of-mind for many law firm leaders, particularly when it came to Managing their equity partner ranks. Even as demand and profits fell in 2022, Am Law 100 firms increased their equity ranks by 1%.

Features

Corporate Bankruptcies and the Restructuring Solution Image

Corporate Bankruptcies and the Restructuring Solution

Brian Wanat

Recent, big-name Chapter 11 filings have brought to the light the importance of insurance solutions for companies in financial distress, as companies in this situation face oftentimes new and uncharted issues.

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

Notable court filings in entertainment law.

Features

Reducing Headcount May Not Be the Best, or Only, Option to Weather an Uncertain Economic Climate Image

Reducing Headcount May Not Be the Best, or Only, Option to Weather an Uncertain Economic Climate

Valerie Chan

One of the lessons we learned — or should have — from the pandemic was that, from a market share perspective, if companies are not visible and in front of customers, it is hard for them to retain existing clients and prop up market share

Features

Acquitted-Conduct Sentencing: A Quagmire Neither the Supreme Court Nor the U.S. Sentencing Commission Can Continue to Avoid Image

Acquitted-Conduct Sentencing: A Quagmire Neither the Supreme Court Nor the U.S. Sentencing Commission Can Continue to Avoid

Harry Sandick & Nicole Scully

It has been common knowledge to criminal practitioners for years that a criminal defendant's sentence for a crime which they have been convicted can be increased based on consideration of conduct that the jury acquitted. This outcome can make a partial acquittal in federal court into a pyrrhic victory.

Features

Buyout Provisions In Commercial Lease Litigation Image

Buyout Provisions In Commercial Lease Litigation

Adrienne B. Koch

Litigation frequently involves an attempt by one party to enforce the terms of the buyout provision through specific performance. But that remedy may be less readily available than the parties might assume. This article explores the reasons why, and suggests some drafting considerations.

Features

Ninth Circuit Bankruptcy Panel Holds Lack of Timely Objection Bars Objection to Homestead Value Exemption Image

Ninth Circuit Bankruptcy Panel Holds Lack of Timely Objection Bars Objection to Homestead Value Exemption

Lawrence J. Kotler & Geoffrey A. Heaton

In In re Masingale, the U.S. Bankruptcy Appellate Panel for the Ninth Circuit held that in the absence of a timely objection, debtors who claimed a homestead exemption of "100% of FMV" in their residence had a valid exemption claim for the full fair market value of the property.

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