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  • Recognizing the many degrees of severity and activity levels is crucial when a matter presents itself. Is it time to go scorched earth or take it in stride and allow a situation to fizzle? When defining the spectrum from minor issue to crisis, it is vital to understand how a problem can become a crisis if left unattended or how jumping the gun and overreacting can be disastrous.

    September 01, 2022Elizabeth Lampert and Lara Cupit
  • The appellate courts have been busy explaining or clarifying preference and fraudulent transfer law. Although novices may think the Bankruptcy Code (Code) is clear on its face, imaginative counsel have found gaps in the statute and generated rafts of litigation since the Code's enactment in 1979. Recent appellate decisions, summarized below, show that courts are still making new law or refining prior case law.

    September 01, 2022Michael L. Cook
  • Despite some new variants and a possible resurgence in the fall, the pandemic closures seem to be finally coming to an end. And with it, so too have most of the COVID-19 defenses in court cases involving commercial leases. However, all may not be foreclosed for a commercial tenant, particularly where a tenant is able to point to a specific provision of its lease that could excuse its obligation to pay rent during the closure of its business.

    September 01, 2022Massimo F. D'Angelo and Gregory Wong
  • If inflation remains at current levels, law firm billing rate increases won't be able to keep pace. But firm leaders may make other "course corrections" to capture profits through the end of 2022, analysts say, by utilizing leverage and alternative pricing models and making additional investments in technology.

    September 01, 2022Andrew Maloney
  • Brian Wilson's Ex-Wife Wins Remand Back to State Court of Her Claim to Share of Revenues from Sale of His Song Catalog

    September 01, 2022Stan Soocher
  • Claimants Failed to Establish That Property Would Have Been Rezoned Increased Award Proper Where Prior Regulation Might Have Constituted a Taking

    September 01, 2022NYRE Staff
  • Given the recent stock market carnage, one might expect that the courts were flooded with a fresh batch of securities suits. Stock drops, after all, are one necessary ingredient of stock drop suits. But according to Cornerstone Research's mid-year assessment of new filings, the number of new class action securities cases filed in the first half ticked up only slightly compared to the first half of 2021.

    September 01, 2022Ross Todd
  • This article looks beyond conspiracy theories and Secret Service slip-ups — or subterfuge, depending on one's perspective — to take a look at the law and technology of texts in e-discovery.

    September 01, 2022David Horrigan
  • Federal Circuit Affirms District Court's Decision That an Artificial Intelligence Software System Cannot Be Listed as an Inventor on a Patent Application Federal Circuit Affirms District Court's Partial Award of Attorney's Fees

    September 01, 2022Jeffrey S. Ginsberg and Abhishek Bapna