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A bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.
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When a tax-exempt property's use by a lessee involves an element of private profit. Is the tax-exempt status lost?
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<b><i>Cryptocurrency's Technological Character Allows Estate Planning to Protect the Intent of Its Holders, But the Lack of Statutory Structure Necessitates Proactive Steps</b></i><p>Cryptocurrency, such as Bitcoin, has value and therefore is increasingly likely to become an estate asset. Due to the nature of cryptocurrency, typical wills and revocable living trusts may not be well suited to efficiently transfer this new type of asset. Consequently, new estate planning questions and clauses are needed.
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<b><i>A Q&A with Penn Law Prof. Anne Toomey McKenna</b></i><p>The newly appointed Penn State professor sees a lot of room for questions in the evolving cyber law landscape, but so far there are few answers.
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When a creditor obtains a judgment against a debtor, the debtor's assets are sometimes held in membership interests in an LLC, which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state's LLC laws vary, some version of the charging order procedure is available in all states.
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In a lawsuit over rights to a card game with a pivotal role in the <i>Star Wars</i> saga, Lucasfilm Ltd. won an early battle against app maker Ren Ventures Ltd. when a federal district judge in San Francisco declined to dismiss Lucasfilm's claims based on Ren Ventures' use of various trademarks, primarily centered on the game Sabacc.
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When entering into or acquiring leases for locations, a retail or restaurant business must consider broader business concerns in negotiating the leases' assignment provisions. Those provisions can inadvertently create major obstacles in the ultimate conveyance or financing of the business.
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<i><b>Oft-Considered an Avenue for Individuals to Attain Greater Control over Their Digital Information, Blockchain Could Be Leveraged By Facebook to Change Its Status As “Gatekeeper” for User Data</i></b><p>Facebook Inc. recently announced that it will begin exploring different ways to incorporate blockchain into its infrastructure. Yet, questions remain over how the social media company will implement the technology and what sort of legal challenges doing so could portend.
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Cash flow management can be particularly challenging. You need to account for the time lag between cash going out and cash coming in. This requires financial and management discipline, strong internal policies and procedures for billing and collection policies, planning and attention to detail.
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<b><i>U.S. Supreme Court Denial of Cert Leaves Statute Vague</i></b><p>This article analyzes the confusion faced by commodity futures traders in assessing whether their trading strategies constitute illegal spoofing and examines whether the CFTC and Seventh Circuit have provided sufficient guidance on the distinction between spoofing and legitimate trading activity.
