Features
The Benefits of Subchapter V — But Are You Guaranteed to Stay?
Although Subchapter V may create a clearer path to confirmation, debtors must be aware of, and (absent an extension by the court) comply with, the more stringent timing requirements, such as the requirement of filing a plan within 90 days after filing bankruptcy.
Features
Solving the Information Governance Groundhog Day Syndrome
Security and privacy start with good information governance, and for many firms — trying to get their information governance policy implemented feels a lot like Groundhog Day. Yes, the one with Bill Murray. Let's take a closer look.
Features
The Selective Prosecution Defense
This article explores the law on selective prosecution and why, despite the long odds against success, it may still make sense from a defense perspective to assert the claim.
Features
NY's Guaranty Law Adds to Uncertainty for Both Landlords and Tenants
A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City.
Features
FTC Looks to Focus On Data Privacy and Competition
The Federal Trade Commission, under its current chairperson Lina Khan, has released a flurry of press releases and blogs in recent months signaling at a focused commercial surveillance "crackdown."
Features
Duty of Candor and Good Faith With the USPTO Covers Non-Inventors and Non-Practitioners
Practitioners and non-practitioners that are associated with the examination of patents and patent applications should be vigilant about information that may be material to patentability to avoid having an issued patent be deemed unenforceable.
Columns & Departments
Fresh Filings
Rapper 50 Cent filed a right-of-publicity lawsuit against Angela Kogan and her company Perfection Plastic Surgery & MedSpa in Florida Southern District…
Features
Recession Proofing A Law Firm
Whatever term the economists use to describe the slowing pace of commerce, the real question is: how do you protect your law firm's revenue stream when economic pressures are causing current and prospective clients to tighten their budgets?
Features
Third Circuit Holds Ethical Screen Insulates Side-Switching Lawyer's New Firm
The Third Circuit recently affirmed a bankruptcy court's denial of a defendant's motion to disqualify the plaintiff's law firm in a large adversary proceeding, holding that it had not abused its discretion because the plaintiff law firm had "complied with" ABA Model Rule of Professional Conduct 1.10(a)(2).
Features
How to Avoid the Claim Cap Becoming a 'Claim Trap'
Commercial landlords should consider the steps they can take when drafting and negotiating their commercial leases to minimize the adverse impact of the claim cap in the event of a tenant bankruptcy and ensuing lease rejection.
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