“Federal law does not prevent a bona fide shareholder from exercising its right to vote against a bankruptcy petition just because it is also an unsecured creditor,” held the U.S. Court of Appeals for the Fifth Circuit in In re Franchise Services of North America, Inc. According to the court, applicable Delaware law would not “nullify the shareholder's right to vote against the bankruptcy petition.”
- July 01, 2018Michael L. Cook
The Tax Cuts and Jobs Act made significant changes to certain Internal Revenue Code provisions dealing with highly compensated employees. Among these are restrictions (in the form of excise taxes) on compensation of certain highly paid employees of “applicable tax-exempt organizations.”
July 01, 2018Lawrence L. BellCollaborative cultures soar in profitability, talent acquisition and retention, client retention and client service.
July 01, 2018Silvia CoulterBuilding an Intelligence-Led Program
With reports of major breaches surfacing with alarming frequency, boards and C-Level management are now looking to counsel to implement programs that help the corporation prepare for, quickly recover and reduce fallout from, inevitable cyber incidents. In-house counsel is facing growing responsibility to minimize damage to the corporate reputation, loss of key data, and legal and regulatory penalties. And many worry their organization is stuck in a game of catch-up.
July 01, 2018Deana UhlOne critical component to the successful evolution of a shopping center is creating a stronger connection with community through attractions, events and promotions that bring a fresh vibrancy to the centers. These specialty relationships and other short-term relationships are generally memorialized in a license agreement rather than a traditional lease.
July 01, 2018Kelly D. Stohs and David P. VallasDoes a local law requiring site plan review satisfy the statutory requirement when a town (or village) has enacted neither a formal comprehensive plan for a zoning ordinance?
July 01, 2018Stewart E. SterkIf the U.S. cannot come to an understanding with the European Parliament by September 1, companies that already participate in Privacy Shield may find themselves in limbo. But there are options.
July 01, 2018Eric LevyPart One of a Two-Part Article
The Tax Act is the most sweeping change to the U.S. federal income tax laws since 1986. This and future articles discuss the individual tax and business tax provisions that affect real estate investment and investors in real estate.
July 01, 2018Peter M. FassIn the face of new threats, law firm cybersecurity assessments have become more engaging and demanding affairs. But many hope this new change is just the beginning of a more fundamental shift.
July 01, 2018Rhys DipshanIn re: HTC Corporation
The Federal Circuit recently addressed motions to transfer and drew a distinction between motions based upon the convenience of parties and witnesses and those for improper venue. It also clarified that the Supreme Court's recent decision in TC Heartland did not supplant the long-standing rule that venue laws do not protect foreign defendants.
July 01, 2018Brian Kramer and Kevin T. Kwon










