The Delaware District Bankruptcy Court ruled that claims arising from pre-petition antitrust cases filed against the debtor could constitute post-petition claims entitled to administrative priority status. The court held that the public policy that favors a "fresh start" for debtors would not preclude damages from post-petition sales of products in violation of federal antitrust laws from receiving administrative expense priority.
- February 01, 2022Andrew C. Kassner and Joseph N. Argentina Jr.
In a recent case, the Tenth Circuit joined other circuits in holding that government closure orders due to the COVID-19 pandemic do not trigger insurance coverage for loss of business income, reasoning that the temporary inability to use property caused by COVID shutdown orders doesn't involve a covered physical loss of property.
February 01, 2022Stephen Masciocchi and Tina Van BockernAs more law firms embrace the power of mining data to inform talent-related decisions, some have predicted that Big Law hiring could become like modern Major League Baseball: A data-centric endeavor that trusts the numbers, and those who know how to interpret them, over all else.
February 01, 2022Patrick SmithA look at moves among attorneys, law firms, companies and other players in entertainment law.
February 01, 2022ELF StaffThere's a split among circuit courts on whether tax foreclosure sales may be avoidable as preferential and fraudulent transfers by property owners who subsequently seek relief under the Bankruptcy Code. If the Supreme Court eventually weighs in to resolve this circuit split, property owners, municipalities, and potential bidders for tax liens across the country will receive greater clarity on this critical issue.
February 01, 2022Kenneth L. BaumA recent Fourth Circuit decision held that shareholders must meet a high bar in demonstrating scienter to avoid early dismissal of the case. The decision also shows the fact-intensive approach courts use to distinguish fraudulent statements from those that, even if mistaken, were made innocently.
February 01, 2022Michael W. Mitchell and Edward RocheStreamlining office space corresponds with industry-wide trends of law firms embarking on two seemingly paradoxical goals: decreasing their office space while aggressively growing head count.
February 01, 2022Justin HenryLatest Decision in Band Name Dispute Among Original "Rascals" Members Second Circuit Upholds District Court's Interpretation of "Broadcasting" in Insurance Policy's Media Exclusion Clause
February 01, 2022Stan SoocherWhile the rapid ascent of home offices may have initially come as a shock to more than a few corporate cultures, the truth is that business leaders who embrace long-term remote working can yield significant cost savings and boost employee morale.
February 01, 2022Troy AyalaBankruptcy practice leaders admittedly have some time on their hands, which they're using to sniff out insolvency in distressed sectors and market their services to existing and potential clients.
February 01, 2022Dan Roe









