Part Two of a Two-Part Article In Part Two, we continue the analysis by evaluating two constitutional issues arising from third-party releases: whether creditor consent to be bound by a third-party release is required to satisfy the due process clause of the Fifth and Fourteenth Amendments; and whether bankruptcy courts have constitutional authority to issue final orders granting third-party releases in a plan of reorganization under Stern v. Marshall.
- June 01, 2023John J. Rapisardi and Jacob T. Beiswenger
It appears that at least some form of hybrid work schedules — much more than existed pre-pandemic — are likely here to stay. How these increased trends may impact the office market and demands for office space in the foreseeable future remains to be seen.
June 01, 2023Anthony F. DellaPelleFourth Circuit: Corporate Subchapter V Debtors Subject to Discharge Exceptions Under Bankruptcy Code
In a matter of first impression not yet addressed by any circuit court, the Fourth Circuit addressed whether the discharge exceptions under Section 523(a) apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.
June 01, 2023Lawrence J. Kotler and Elisa HyderA look at moves among attorneys, law firms, companies and other players in entertainment law.
June 01, 2023ELF StaffPart Three of a Three-Part Article The first two installments exposited Janus Capital Group, Inc. v. First Derivative Traders and Lorenzo v. S.E.C., both essential to understanding S.E.C. v. Rio Tinto, the Second Circuit's most recent holding regarding Rule 10b-5 "scheme" liability. Now we examine how the "Mother Court" of federal securities law has tended to that branch of the mighty judicial oak rooted in that venerable regulation.
June 01, 2023Anthony Michael SabinoArtificial intelligence is dominating conversations across all industries, including legal. To help legal professionals navigate this fast-evolving space, we define many of the key terms and concepts relating to AI. This glossary will be continually updated as new developments emerge.
June 01, 2023CLS StaffAs AI increasingly interpenetrates internet transactions, licensing interest expands. The licensing of internet AI intellectual property is stymied because legal difficulties such as the proper assessment of the jurisdiction for the licensing agreement and the nature of the internet including the proper identification of the parties for the licensing agreement.
June 01, 2023Jonathan BickWe can expect that soon some enlightened Big Law firms will level with their incoming associates (or at least the corporate ones) and explain that market conditions are such that the firm cannot assure them of the volume of work necessary for their normal growth and development and, accordingly, the firm is offering a stipend (and health insurance) to those who choose to defer for a year.
June 01, 2023Hugh A. SimonsAfter a slump during the pandemic, U.S. law firm leasing activity hit a record level in 2022, and activity boomed during the first quarter of 2023 with leasing volume higher than in any previously recorded Q1, a new report finds.
June 01, 2023Brenda Sapino JeffreysTo effectively safeguard their data and networks, law firms need to deploy advanced security tools that can help detect and respond to threats in real time. One such tool is security information and event management (SIEM) software.
May 01, 2023Mike Paul and Robert Padilla










