The commercial real estate mortgage loan is in default. The defaults are material. Discussions have occurred among lender, borrower and their representatives. There’s been a forbearance agreement, or several. The loan has been “extended,” pretending time will be the panacea. “Extend and pretend” has failed. The lender has remedies. This article describes those remedies.
Although often analyzed separately, these two systems are best understood together: corporate law establishes the conditions for risk, while bankruptcy law provides the rules for allocating losses when those risks fail. Here, we briefly compare the underlying philosophies of each and highlight their points of tension and complementarity.
In the case of Hudson View Park Company v. Town of Fishkill, the New York Court of Appeals concluded that a Memorandum of Understanding entered into between the plaintiff and the Fishkill Town Board in 2017, regarding the review of a certain zoning proposal, was not binding upon a Town Board subsequently elected in 2019.
When a corporate officer seeks to defend criminal charges based on his or her reliance on the corporation’s counsel, complex legal issues tend to arise for the company and the courts.
Homeowners Association Obtains Injunction Prohibiting Beach Use By Short-Term RentersContinuous Trespass Gives Rise to Successive Causes of ActionNo Constructive Trust In Absence of Confidential RelationshipEasement Not Established Over Abandoned Public RoadContract Vendee’s Wrongful Eviction Claim Raises Questions of Fact About AbandonmentReferee Had Discretion to Set Minimum Sale Price At Partition Sale
Organizations selling in professional services markets are aware of how competitive the landscape can be. Getting buyers' attention and earning their business require more than just having a presence across different marketing channels. That’s where omnichannel marketing comes in.
OSS delivers flexibility, scalability, and speed that few proprietary stacks can match. But the benefits outweigh the risks only if the risks are actively managed. The core lesson is structural. OSS copyright compliance is indispensable but incomplete. Patent exposure can attach even where distribution is lawful and good faith is undisputed, and contributor-based patent grants, even when well drafted, do not eliminate third-party assertion risk.
The future of outside counsel relationships will not be defined by which firms adopt AI first, but by which firms integrate it most effectively into their broader value narrative. AI amplifies efficiency, but efficiency alone does not win or keep clients.
To win the talent war in this free-agency era of partner movement, firms must have a war chest. After all, anything is on the table now, recruiters say, when it comes to lateral moves.
Adobe was hit with a class action lawsuit accusing the software company of illegally copying hundreds of thousands of copyrighted books, including titles scraped from pirate “shadow libraries,” in what the suit calls large scale, willful copyright infringement.
