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Features
Bankruptcy courts are not infallible, and their rulings should be reviewable. But too many district courts and bankruptcy appellate panels (BAPs) regularly refuse to review nonfinal bankruptcy court orders for questionable reasons.
Features
On November 1, significant revisions to the regulations enforced by the New York Department of Financial Services (DFS) — the state’s financial services regulator — went into effect. The DFS revisions create a long-arm provision in that the changes affect not only New York State companies, but also their affiliates, and therefore the revisions could have an impact far beyond New York State borders.
Features
The rise in demand for in-person events post-pandemic has meant a corresponding increase in personal injury actions against venues. Consequently, venue-owner and operator clients would be wise to regularly evaluate their insurance policies (particularly general liability insurance policies) to ensure adequate coverage.
Features
In a recent decision, the U.S. Bankruptcy Court for the District of Massachusetts held that a mortgagee holds a claim that could be modified by a Chapter 11 plan even if the debtor was not indebted under the mortgage.
Features
Law firms can’t expect immediate results from their marketing programs. Just like you can’t go out and run a marathon in a day without the careful work of preparing for it, you can’t launch a single marketing program and expect immediate sales. Marketing requires strategy, endurance, and consistent effort over time. A sprint mindset may bring temporary gains, but a marathon approach builds long-lasting relationships, brand equity, and sustainable growth.
Features
On the one hand, Big Law is locked in this endless struggle to compete on metrics: revenue per lawyer; billable hours; realization rates, and of course profit per equity partner. The fact that these are all the wrong metrics to define success is a separate discussion. On the other hand, many of these firms don’t have profitability models. And even those who do, struggle to implement them. This is super-important, so let’s break this down.
Features
President-elect Donald Trump did not make intellectual property (IP) policy a major focus of his 2024 election campaign, but his policy priorities are nearly certain to have a profound effect on the IP landscape when he takes office in January.
Columns & Departments
Tenant Who Stopped Paying Rent May Not Recover DamagesDoctrine of Emblements May Entitle Tenant to Collect Damages for Loss of CropsInsufficient Evidence to Support Use and Occupancy ClaimSuccessor Landlord Liable for Predecessor’s OverchargesGuaranty Law Did Not Protect Guarantor When Tenant Never Closed
Columns & Departments
Foreclosure Sale Bidder Entitled to Return of Down Payment When Title Was Not MarketableInadequacy of Price Does Not Establish Duty to Inquire About Fraud
Features
Hotel management agreements often contain language permitting a hotel owner to terminate if the hotel’s performance fails to meet certain financial metrics. This provision, colloquially referred to as the “performance test,” is touted as a form of protection for owners by providing a right to terminate (or to receive a “cure payment”) if the hotel underperforms. But the reality is performance tests are generally structured to make them difficult, if not impossible, to fail, leaving hotel owners without the financial protection they thought they bargained for — or worse.