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The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses Image

The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses

Daniel A. Lev

<b><i>Part Two of a Two-Part Article</b></i><p>As addressed in the first part of this article last month, addressing the problems confronting golf course owners seeking financial restructuring under Chapter 11, the ability of a debtor to reject a restrictive covenant under Section 365 or to sell free and clear of a covenant under Section 363(f) is limited and the obstacles are difficult to surmount.

Features

Commercial Rent Control in New York: Back Again? Image

Commercial Rent Control in New York: Back Again?

David B. Saxe & Brett Dockwell

As retail vacancies have multiplied in New York City in recent years, some in the City Council have advocated for the reconsideration of commercial rent control, as set out in a proposed piece of legislation, the Small Business Jobs Survival Act This article provides a brief, nontechnical review of the bill and the legal and practical hurdles it faces if enacted.

Features

Beyond the FCPA: M&A Due Diligence Under the Expanded DOJ Corporate Enforcement Policy Image

Beyond the FCPA: M&A Due Diligence Under the Expanded DOJ Corporate Enforcement Policy

Jonathan B. New & Elias D. Trahanas

Over the past few years, the U.S. Department of Justice (DOJ) has taken notable steps to advance the axiom that the business community and law enforcement are "partners, not adversaries." DOJ has now taken its guidance one step further, announcing that the FCPA Corporate Enforcement Policy would apply to all potential wrongdoing discovered by an acquirer in the course of a merger or acquisition, not just to FCPA violations.

Features

Sticking a Hand in the Internet Cookie Jar Image

Sticking a Hand in the Internet Cookie Jar

Jeffrey Higel, Michael Bahar & Mike Nelson

As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. Some…

Features

A New Philosophy for Managing Partners: Building Consensus Versus Managing As an Autocrat Image

A New Philosophy for Managing Partners: Building Consensus Versus Managing As an Autocrat

Joel A. Rose

An Astute Lawyer-Manager Must Achieve the Appropriate Balance of Building Consensus Among the Partners Applying management techniques to practice areas may introduce to the firm a new take on methods for enhancing profitability.

Features

How Bankruptcy Courts Will Treat Cases Involving Cryptocurrency Exchanges Image

How Bankruptcy Courts Will Treat Cases Involving Cryptocurrency Exchanges

Richard J. Mason

This article looks at some of the issues that may arise if a cryptocurrency exchange becomes a debtor in a case under the Bankruptcy Code.

Features

Overcoming Legal Finance Misconceptions In 2019 Image

Overcoming Legal Finance Misconceptions In 2019

Ari Kaplan

As the volume of litigation continues to grow and the ability to manage it as a defendant or add to it as a plaintiff grows increasingly complex, legal costs will continue to rise in 2019 — and funding advocacy on both sides will remain a lingering challenge.

Features

U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise Image

U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise

Phillip Bantz

The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.

Features

Lawyers: Being Paid Shouldn't Be Like Pulling Teeth! Image

Lawyers: Being Paid Shouldn't Be Like Pulling Teeth!

Peter A. Johnson

What Lawyers Can Learn From Dentists Attorneys have historically let the client lead the payment dance. Lawyers do the work and hope/expect to be paid without waiting too long or discounting the invoice too steeply. Yet, here we are at the beginning of another year with many law firms still waiting anxiously for overdue checks to arrive. Shame on us for letting this happen. What can we do differently?

Features

Athletic Coaches and the Tax Act Image

Athletic Coaches and the Tax Act

Lawrence L. Bell

When the Tax Cut and Jobs Act became law in December of 2017 there was a question whether some of the highest salaried employees at non-profit organizations would be exempt from the $1M remuneration tax. In the majority of states, the highest salaried employees are athletic coaches.

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