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Appellate Court Reverses Chapter 11 Confirmation Order Based on Faulty Tax Ruling
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.
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AI Isn't New to Law: How the Practice of Law Should Embrace AI
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.
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Syndicated Commercial Real Estate Loan Transactions In Today's Market
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.
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The Am Law 100: Equity Tiers Rose But That Might Not Last for Long
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%.
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Corporate Bankruptcies and the Restructuring Solution
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.
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Reducing Headcount May Not Be the Best, or Only, Option to Weather an Uncertain Economic Climate
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
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Acquitted-Conduct Sentencing: A Quagmire Neither the Supreme Court Nor the U.S. Sentencing Commission Can Continue to Avoid
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.
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Buyout Provisions In Commercial Lease Litigation
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.
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Ninth Circuit Bankruptcy Panel Holds Lack of Timely Objection Bars Objection to Homestead Value Exemption
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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