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Appellate Court Holds FCC Penalty Claim Survives Chapter 11 Corporate Debtor's Discharge Image

Appellate Court Holds FCC Penalty Claim Survives Chapter 11 Corporate Debtor's Discharge

Michael L. Cook

A Chapter 11 corporate debtor's monetary penalty obligation owed to the FCC, resulting from "fraud on consumers," survived the debtor's reorganization plan discharge, even when the FCC "was not a victim of the fraud," the U.S. District Court for the Southern District of New York recently held.

Features

Trademarks Making Advertising Claims Create Sticky Situations Image

Trademarks Making Advertising Claims Create Sticky Situations

Kyle-Beth Hilfer

The SharkNinja case as well as other well-established precedents serve as powerful reminders to advertisers of certain best-practices in choosing their trademarks or evaluating whether to challenge their competitors' trademarks.

Features

Creative vs. Corporate: Patent Infringement Awards Respawn the Debate over Patenting Video Games Image

Creative vs. Corporate: Patent Infringement Awards Respawn the Debate over Patenting Video Games

Mark D. Simpson and Paul Leicht

Patents can provide the broadest and strongest form of protection in the video game field. They can protect the methods and processes performed by the game software, and they can protect the hardware components of the game system, both in function and aesthetic design.

Features

Leading the Return to the Office Image

Leading the Return to the Office

Mark Beese

Many firms are shifting to a hybrid work model, where lawyers and staff will divide their time between in-office and outside-the-office work, making management and leadership tasks more challenging.

Features

Ransomware Insurance: Understanding the Developing Legal & Regulatory Landscape Image

Ransomware Insurance: Understanding the Developing Legal & Regulatory Landscape

J. Andrew Moss, David M. Cummings & Jessica E. Gopiao

In light of the ever-growing ransomware threat, it is important to understand the developing legal and regulatory landscape in order to take the proper steps at the first sign of an attack, including getting the insurance company involved immediately.

Features

Biden's Economic Road Map Includes Benefits for Government Contractors Image

Biden's Economic Road Map Includes Benefits for Government Contractors

Lawrence L. Bell

The Biden Administration and the Democratic controlled Congress is rolling out a robust spending plan that will provide benefits and burdens for the defense and government contract community. This article provides a road map that will assist in providing permissibly selective benefits for the qualifying government contractors and employees.

Features

Disclosure of Investigations: Whether and When for Public Companies Image

Disclosure of Investigations: Whether and When for Public Companies

Jacqueline C. Wolff & Karin M. Bell

You should be thinking about disclosure long before you even hear from a whistleblower, specifically, in terms of setting up policies and procedures governing how to handle the information flow from the investigative side of the house to the disclosure side.

Features

COVID-19 and Lease Negotiations: Tenant Security Image

COVID-19 and Lease Negotiations: Tenant Security

Ann E. Ryan & Adrienne B. Koch

The pandemic has highlighted vulnerabilities in two of the most popular forms of tenant security — guaranties and cash security deposits. This article examines the impact of the pandemic on each of those types of security and offers some suggestions for landlords going forward.

Columns & Departments

Fresh Filings

ssalkin

Notable court filings in entertainment law.

Features

Payment Under Critical Vendor Order Does Not Bar Pursuing a Preference Claim Image

Payment Under Critical Vendor Order Does Not Bar Pursuing a Preference Claim

Andrew C. Kassner & Joseph N. Argentina Jr.

A supplier's receipt of payment under a critical vendor order does not bar the debtor or trustee from pursuing a preference claim to recover amounts paid prepetition to the vendor, according to a recent ruling from the U.S. Bankruptcy Court for the District of Delaware.

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