Features

New Workplace Strategies for Commercial Real Estate Companies
Almost every company is rethinking workplace strategy in the wake of the pandemic — and commercial real estate companies, which are office users in their…
Features

Private Student Loan Debt and the Exception to Discharge As Viewed Through the Eyes of the Circuit Courts
A summary of the factors that courts have considered and will likely continue to consider when addressing dischargeability of private student loans under subsection 523(a)(8)(A)(ii) of the Bankruptcy Code, and a cautionary word for practitioners considering whether to put forth an argument to the contrary.
Features

SCOTUS Hears Arguments In Doctors' Good Faith Defense to Prescribing Controlled Substances
When is a doctor a doctor and when is a doctor a drug dealer? In early March, the U.S. Supreme Court heard oral argument in two consolidated cases — Ruan v. United States and Kahn v. United States — to address where that line is drawn.
Features

New Approaches to Outsourced Labor
Employees are the lifeblood of an organization. Companies, including law firms, are rightfully attempting to navigate what the past two years have meant to the labor force and make sense of the changes to the landscape so that they can successfully manage their businesses. Included in this mix are outsourcing service providers.
Columns & Departments
Players on the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features

Protecting Clients In the Virtual World
The "metaverse" in conjunction with Web 3.0 can be thought of as an immersive virtual reality world or worlds, where users can play games, socialize,…
Features

Trademark Coexistence May Become a Necessity As Market for Trademarks Grows
Trademark publication can be an anxious part of the application process, with fear of aggressive opposition and costly proceedings looming in the background. But many oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with the opposer that can ultimately be helpful in nonobvious ways.
Features

Reframing 101: How to Use 'Yes' and 'No' for Negotiation Breakthroughs
When you're negotiating, being able to reframe — to change your perspective and approach an issue through a new lens — is critical to getting your needs and wants met.
Features

Fifth Circuit Ruling Gives Commercial Lessees Likely Protection In Bankruptcy Court Free and Clear Asset Sales
The Fifth Circuit signaled that it would not approve in later cases a bankruptcy court asset sale of real property that summarily cuts off the rights of the debtor's lessees.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›