In a recent decision, the U.S. Bankruptcy Court for the Southern District of New York held that claim disallowance issues under Section 502(d) of the Bankruptcy Code "travel with" the claim, and not with the claimant.
- September 01, 2020Rudolph J. Di Massa, Jr. and Geoffrey A. Heaton
United States v. Napout The U.S. government's lead role in the prosecution of corruption within the Zurich-based FIFA may be a paradigmatic example of U.S. law enforcement acting as the world's policeman. If corruption is based on foreign executives violating their duties of loyalty to foreign private entities, how does that translate into a violation of U.S. criminal law? Does it matter that the conduct in which the foreign executive engaged — commercial bribery — may not be illegal under the law of the executive's home country?
September 01, 2020Robert J. Anello and Richard F. AlbertNot including what may have been negotiated in a commercial lease, there are three traditional theories under which commercial tenants could seek to assert entitlement to forgiveness of their rent: frustration of purpose, impossibility of performance, and force majeure.
September 01, 2020Adam Leitman Bailey and Dov TreimanAs survey evidence has become increasingly common in litigation, it is important to remember that not all surveys are made the same. It's important to be able to identify the right survey methodology for the matter at hand. Third in a series
September 01, 2020Laura O'Laughlin, Harriet Ho and Duy (Joey) DuongA look at moves among attorneys, law firms, companies and other players in entertainment law.
September 01, 2020Anne Bagamery, Dan Clark and Varsha PatelA key aspect of saving for retirement through qualified retirement plans and IRAs is deferring taxes until required minimum distributions (RMD) begin. Even with Roth IRAs, beneficiaries who inherit them must also follow RMD rules despite the tax-free treatment of the distributions. The SECURE Act and the CARES Act made dramatic changes in RMD rules for 2020 and beyond.
September 01, 2020Sidney KessFacebook filed two separate lawsuits in the UK and U.S. that the company says is part of an ongoing effort to hold developers that abuse its platform accountable.
September 01, 2020Alaina LancasterAfter spending the last six to eight weeks in COVID-crisis mode, most firms are now eyeing a move toward business recovery. This means that it is also now time for law firms to reevaluate their marketing strategies to ensure they are aligned to support business goals in this new climate. One overlooked area that law firms should consider adding to their marketing arsenal is digital paid media.
September 01, 2020Josh MerkinUnder the Bankruptcy Code, not only can the initial recipient of a fraudulent conveyance be held liable, but so too can a subsequent transferee. However, there can be important nuances in the challenged transaction that may provide a subsequent transferee with a substantial defense.
September 01, 2020Francis J. Lawall and Marcy J. McLaughlin Smith









