In the face of increasing pressure from online retailers, and declining foot-traffic in malls and other brick-and-mortar locations, distressed retailers like Things Remembered need to act expeditiously to execute going-concern transactions if they are going to survive the market disruption.
- October 01, 2019Christopher T. Greco, Spencer A. Winters and Derek I. Hunter
New Developments In Och-Ziff FCPA Settlement As Brooklyn Judge Grants Victim Status to Former Investors In Restitution Claim over Lost African Mining Venture
October 01, 2019Juliet GunevThe Franklin and Culhane Cases Demonstrate the Importance of Both Implementing and Then Following Corporate Litigation Readiness Measures for Purposes of FRCP 37(E) An evaluation of FRCP 37(e) necessarily entails examining key motion practice flash points that have arisen since the implementation of the rule. One of the most significant of these flash points is what constitutes "reasonable steps to preserve" relevant ESI.
October 01, 2019Philip FavroPossession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
October 01, 2019Thomas. C. Lambert and Steven ShackmanFormer Cognizant Technology COO Settles FCPA Case In Relation to India Office Construction Project
October 01, 2019Juliet GunevLenders must carefully analyze the full ramifications of how best to approach the constructive fraudulent transfer issue when it emerges in their bankruptcy case.
October 01, 2019Arthur Steinberg and Michael R. HandlerSocial Media Escapes an Easy Definition, But You Know It When You See It While it would be helpful to understand the technical details of collecting data from various social media platforms, what's more important is what parts of social media might be relevant to a dispute and what that means for both the requesting and producing parties.
October 01, 2019Todd HeffnerCourt Decides Who Is the 'Prevailing Party' No Duty to Collect Rent from Subsequent Tenant
October 01, 2019ssalkinWhen a law firm does not subscribe to a traditional corporate structure At most companies, the leadership structure is typically clear and hierarchical. But what does leadership look like at a law firm when a traditional corporate structure doesn't apply?
October 01, 2019Michael A. Gerstenzang and Hy PomeranceWhen a landowner contends that government action has effected a taking of her property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, where can she sue? Until this past June, when the Supreme Court decided Knick v. Township of Scott, the answer was clear: state court and only state court. Knick changed all that.
September 01, 2019Stewart E. Sterk and Michael C. Pollack








