Features

Second Circuit Applies Federal Bankruptcy Law, Not Securities Law, In Madoff SIPA Liquidation
The Second Circuit applied federal bankruptcy law when holding that good faith is an affirmative defense.
Features

While Economy Recovers, Commercial Real Estate May Be Due for a Correction
Before investors get too carried away by the news of recovery in commercial real estate, they should pause to ask themselves, "what are we recovering from?"
Columns & Departments
Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features

Are Government Investigation Disclosures Protected Under the Common Interest Doctrine?
This article discusses whether disclosures made when a subject of a government investigation borrows money or sells all or part of its business are protected from discovery on the basis of the attorney-client privilege and pursuant to the common interest doctrine.
Features

Enabling Monetization of Non-Monetary Victories
This article proposes language to include in retainer agreements to enable the monetization of non-monetary victories and compensate attorneys for all their work on behalf of their contingency clients.
Columns & Departments
Co-ops and Condominiums
Residential Owners Have Claim for Inadequate Quality of Hotel Unit
Features

Flat Fee or Consumption-Based E-Discovery Pricing? Depends on Who You Ask
Being charged per gigabyte by an e-discovery software platform isn't new, but it can still be a budgetary drain for law firms that handle many large e-discovery matters.
Columns & Departments
IP News
Nike Seeks $150 Million In Sanctions from Six Chinese Banks, and Loses
Features

Legal Marketers Prefer Hybrid Return to Work
Seeing opportunities for reduced costs and broader hiring pool, law firm marketing chiefs are among the most vocal proponents of shifting firm operations to a virtual setting as firms bring their personnel back to the office.
Features

Congress Seeks to Restrict Nondebtor Releases in New Bankruptcy Reform Bill
Members of Congress recently introduced the Nondebtor Release Prohibition Act, which proposes to amend the Bankruptcy Code to, among other things, restrict courts' ability to approve third-party releases of nondebtors and related injunctions under plans of reorganization or otherwise in Chapter 11 cases.
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MOST POPULAR STORIES
- 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 ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›