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The Coming Thaw for Distressed M&A: Opportunities and Best Practices for Lenders In Financing Distressed Business Acquisitions Image

The Coming Thaw for Distressed M&A: Opportunities and Best Practices for Lenders In Financing Distressed Business Acquisitions

Joel H. Levitin & Richard A. Stieglitz Jr.

This article focuses on the financing opportunities buying the business of a Chapter 11 debtor will create for lenders, highlights the benefits of financing bankruptcy acquisitions, and identifies some potential challenges and best practices to ensure that lenders minimize any risks and receive maximal protection for themselves.

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Aligning with Client Expectations Image

Aligning with Client Expectations

Vivian Hood & Terry M. Isner

We're well into 2022, and despite the flip of the calendar, COVID is still sweeping the U.S., it feels like not much has changed. Or has it?

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Litigating Redesigns At the ITC Image

Litigating Redesigns At the ITC

Frank Liu, Dustin Ferzacca & Gwen Tawresey

An overview of redesigns at the ITC, a discussion of the ITC's recent determination in Certain Audio Players and Controllers, and identifies some considerations to keep in mind when litigating redesigns at the ITC.

Columns & Departments

Fresh Filings

ELF Staff

Notable court filings in entertainment law.

Features

The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity Litigation Image

The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity Litigation

Annie Railton, James Gatta, Jud Welle & Emily Notini

While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.

Features

Second Circuit Narrows Borrower's Ability to Pursue Class Damages In Federal Court for Failure to Timely Record Mortgage Satisfactions Image

Second Circuit Narrows Borrower's Ability to Pursue Class Damages In Federal Court for Failure to Timely Record Mortgage Satisfactions

Jonathan Robbin

The decision in Maddox v. Bank of N.Y. Mellon Trust certainly affords safeguards to lenders and mortgagees in that Maddox now narrows a borrower's ability to pursue class damages in federal court for lenders and services for failure to timely record mortgage satisfactions.

Features

Do a Lateral's Clients Move With Them? Image

Do a Lateral's Clients Move With Them?

Eric Dewey

There is no way to guarantee a lateral's clients will make the move to a new firm. But a series of questions can examine the quality of these relationships and the likelihood that the client will move with the lateral candidate.

Features

Update on Bankruptcy Appellate Practice Part Four: Interlocutory Appeals — Deadlines Image

Update on Bankruptcy Appellate Practice Part Four: Interlocutory Appeals — Deadlines

Michael L. Cook

This installment of our appellate series reviews recent cases addressing the district courts' review of interlocutory bankruptcy court orders and the enforceability of appellate deadlines. As we have shown with other case law governing appeals, real obstacles confront practitioners appealing from bankruptcy court rulings.

Features

Building AI and Machine Learning Technologies: Data Licensing Tips and Traps Image

Building AI and Machine Learning Technologies: Data Licensing Tips and Traps

Anna Remis

Data is the fuel for software development, and developers use historical data from existing products to train algorithms and build AI models. Companies may be well aware of privacy and regulatory restrictions on data use, but often do not consider the potential impact of data use restrictions on intellectual property ownership and use rights.

Columns & Departments

Players on the Move

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

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