"Give a man a fish, and you feed him for a day. Teach a man to fish, and you feed him for a lifetime." Judge Victor Marrero, writing in a decision dismissing the President's civil suit under the Civil Rights Act, neither gives a fish, nor teaches how to fish — rather he explains what fishing is.
- November 01, 2020Steven A. Cash
The clock is ticking for small businesses to take advantage of a new way to restructure under Chapter 11 of the Bankruptcy Code. New Subchapter V — part of the CARES Act — is set to expire early next year.
November 01, 2020Jerrold L. BregmanIn Community Housing Improvement Program v. City of New York, the United States District Court for the Eastern District of New York confronted the most recent challenge to the constitutionality of New York's Rent Stabilization Law. The court rejected all facial challenges to the statute, but allowed some as-applied challenges to proceed at least to the summary judgment stage.
November 01, 2020Stewart E. SterkThe pandemic has forced law firms to reevaluate their expenses, refine their budgets, and review their overall operations to adapt to an environment of perpetual uncertainty.
November 01, 2020Ari KaplanOne of the keys to success in competitive intelligence is communication. Effective communication builds rapport with your clients, which, in turn, builds trust and instills confidence that you will be able to get what they need to achieve their goals. In the last few months, this element of trust and rapport has never been more important.
November 01, 2020Patricia EllardDuring the COVID-19 pandemic, law firms have learned that a large number of "essential" services and Standard Operating Procedure rules and assumptions about how an office works are 1950's myths that need to be identified, examined and re-engineered or discarded.
November 01, 2020J. Mark SantiagoA patentee should consider patent marking issues when negotiating a patent license, as well as during the term of the license. Otherwise, the patentee may find that its damages for patent infringement are limited due to its licensee's failure to mark.
November 01, 2020Brenda HolmesIt's a deal that provides a potential look into a future where esports, like traditional sports before them, provide a potentially lucrative practice area for firms that want to plant a flag in that plot.
November 01, 2020Patrick SmithIn recent decades, federal fraud prosecutions have relied on the theory that a defendant can fraudulently deprive a victim of the intangible "right to control" its assets, even if the victim is not deprived of any tangible money or property. While this theory has been repeatedly affirmed by the Second Circuit, it is incompatible with a series of recent Supreme Court cases in which the Court has narrowed the scope of federal white-collar criminal statutes by adopting narrow definitions of the term "property."
November 01, 2020Harry Sandick and Ian EpplerWhen does a tax liability claim arise in a bankruptcy case? The issue was recently addressed by the U.S. District Court for the District of Delaware which ruled that federal income taxes for the year in which a debtor files for bankruptcy are entitled to priority treatment as administrative expenses when the end of the taxable year occurred after the bankruptcy petition date.
November 01, 2020Andrew C. Kassner and Joseph N. Argentina Jr.



