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In a recent decision, the U.S. Bankruptcy Court for the District of New Jersey subordinated a 502(h) claim to prevent the claimant from being paid in full prior to investors defrauded by the debtors’ pre-petition operation of a Ponzi scheme. In its decision, the court maintained that the equitable powers of bankruptcy courts were sufficiently broad to subordinate a claim on equitable grounds under Section 510(c) and that there is nothing in the Bankruptcy Code that prevents a court from so doing.
Columns & Departments
Federal Circuit: Board Erred in Finding No Likelihood of Confusion Between KIST and SUNKIST MarksFederal Circuit: No Jurisdiction Where Petitioner Offers a Non-Patent Law Related Ground for Relief
Features
In an industry where every square foot and every second count, paper records are more than a legacy. They are a liability. While many law firms continue to manage sprawling records rooms and offsite storage contracts, a growing number are discovering measurable value, both fiscal and strategic, by embracing smarter digitization strategies.
Features
How are copyright holders to prove their works were used to train AI models if the details about the vast data sets used for such training are kept secret? That dilemma surfaced when a California federal judge recently dismissed a claim of direct infringement raised by a group of authors.
Features
One of the most revealing contradictions in today’s legal landscape is hiding in plain sight. Mobile data now plays a role in more than 75% of e-discovery matters, yet fewer than half of legal teams say they see it in even half of their cases. In an era of encrypted messaging, BYOD policies, and dispersed workforces, this isn’t just an oversight, it’s a liability.
Columns & Departments
Adverse Possession Claim UpheldIntent to Abandon Easement Not EstablishedDeed Validity Upheld Despite Absence of Delivery to One Co-Tenant
Features
The United Arab Emirates is launching a specialized federal bankruptcy court to streamline insolvency cases, a step that could increase investor confidence, reduce cross-emirate confusion, and create opportunities for legal and financial professionals.
Columns & Departments
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features
In a recent U.S. Court of Appeals for the Eleventh Circuit case, the court considered whether a bankruptcy court had the authority to retroactively annul the automatic stay under circumstances where the debtor affirmatively participated in an arbitration but subsequently argued that enforcement of the arbitration award against him should be subject to the automatic stay when he did not like the outcome.
Features
In the practice of law, technical expertise is expected; what often distinguishes an attorney in the eyes of clients and colleagues is professional presence. Etiquette — the way we conduct ourselves in daily interactions — can be a decisive factor in building trust, strengthening client relationships, and representing the firm with distinction.
