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Section 365 of the Bankruptcy Code grants debtors the ability to assume or reject any executory contract or unexpired lease. Debtors must assume or reject a lease in its entirety and are not free under Section 365 to assume only favorable provisions of a lease. Courts, however, have consistently held that they will not find a multi-property master lease to be a unitary lease merely because such properties are demised in a single document.

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'Purdue Pharma' Looms Although four cases presenting important bankruptcy issues were teed up for the Supreme Court's consideration this term, the Court denied certiorari for each. Each of these petitions involve splits among the circuit courts of appeals, influencing choice of venue and the extent to which bankruptcy decisions are subject to meaningful appeal.

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After many firms experienced a highly profitable 2020 and sky-high demand levels in 2021, they found themselves with more cash than usual. While more than enough Big Law money has been lavished on associates and laterals recently, those aren't the only ways firms are spending their riches.

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This article explores a key consideration for companies under government investigation: whether voluntary disclosure of privileged information in an effort to obtain cooperation credit waives the privilege vis-à-vis third parties in subsequent litigation.

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The COVID-19 pandemic has challenged commercial landlords to rely on various legal theories to protect their legitimate rights. As federal, state and local governments enact laws to protect tenants from evictions and/or the enforcement of personal lease guarantees, a landlord's counsel must seek avenues to press its clients' rights against any entity who may be liable for outstanding rent arrears due and owing under a commercial lease.

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Attorneys general from 41 states, along with Puerto Rico and Guam, have issued a statement in support of legislation before Congress geared toward stopping corporations from venue-shopping bankruptcy cases.

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Law firms are paying more for talent than ever before. But like other industries that've been hit by a so-called "Great Resignation," they're also hemorrhaging it like never before, and the result is a diminished return on investment that could reach a "boiling point" in the near future.

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Historically, the "fugitive disentitlement" doctrine has foreclosed challenges to criminal charges by a defendant who does not physically submit to a U.S. court's jurisdiction. As a consequence, to make even threshold challenges to an indictment, a defendant who lives abroad must leave home, waive the right to oppose extradition, and risk pre-trial detention in the United States.