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The question, "Can we get them to agree not to file bankruptcy in the future?" must be near the top of the list of things clients most commonly ask their transactions and workout lawyers. How, then, to best answer the client's next question: "OK, when is it enforceable and when is it not enforceable?"
Features
The Ninth Circuit BAP's recent opinion in <i>Clear Channel v. Knupfer</i>, 391 B.R. 25 (B.A.P. 9th Cir. 2008), threatens the sanctity of the mootness rule under Bankruptcy Code ' 363(m). Here's why.
In <i>Warner Bros. Entertainment Inc. v. RDR Books,</i> the Southern District of New York addressed the issue of when a reference guide constitutes a fair use.
Features
This article explains some of the key problems in the Federal Circuit's <i>In re Bilski</i> decision and discusses the potential impacts of the decision and strategies to deal with these impacts.
Features
This is the second of two articles examining decisions of the U.S. Supreme Court during its 2007-08 term that impacted the area of labor and employment law.
Features
Proffering a severance agreement to employees being let go in a reduction in force (RIF), or for other reasons not involving willful misconduct, is now a common practice in corporate America. Recent decisions indicate that courts are willing to hold both employees and employers to all of the terms of their agreements. Here's how to craft the right ones.
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The U.S. Equal Employment Opportunity Commission (EEOC) saw the highest increase in discrimination charge filings last fiscal year, the largest annual increase (9%) since the early 1990s. And prospects for improvement in these numbers are dim. Here's what to do.
On Sept. 25, 2008, President Bush signed the ADA Amendments Act of 2008 ("ADAAA") into law. This update to the Americans with Disabilities Act ("ADA") and will take effect on Jan. 1, 2009. Here's what it means to your practice.
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Recent litigation of importance to you and your practice.
This two-part article focuses on how the SNDA (subordination non-disturbance and attornment agreement) can have impacts that are at least as important as a tenant's concern not to be disturbed in its possession of the premises.