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Recovering Administrative Claims in Chapter 9 Bankruptcy and Title III of PROMESA Image

Recovering Administrative Claims in Chapter 9 Bankruptcy and Title III of PROMESA

James B. Bailey

Municipal bankruptcies under Chapter 9 of the Bankruptcy Code are rare. These cases are often filed to adjust bonded indebtedness and pension obligations. Congressional authorization for Puerto Rico and its instrumentalities to file for bankruptcy under the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) was similarly out of concern for excessive bond debt and pensions.

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Five Ways to Eliminate the Need for a Corporate Monitor Image

Five Ways to Eliminate the Need for a Corporate Monitor

Jonny Frank & Simon Platt

Government-imposed corporate monitors — once a rare occurrence in the U.S. — are now commonplace, not only with domestic regulators, but also with regulatory agencies in various other countries, in connection with enforcement proceedings and prosecutions for criminal offenses such as anti-corruption violations and other misconduct.

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Regulating Interior Landmarks Image

Regulating Interior Landmarks

Stewart E. Sterk

What powers does the New York City Landmarks Preservation Commission (LPC) have to require a building owner to maintain a mechanical clock located in the interior of a building? In <i>Save America's Clocks, Inc. v. City of New York</i>, that issue generated a 3-2 division in the First Department, with the majority holding that the Commission had power to require maintenance of the clock, and to require public access to it.

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Federal Circuit Holds That PTAB's Determination on Whether the One Year Time-Bar Is Triggered in <i>Inter Partes</i> Review Is Reviewable on Appeal Image

Federal Circuit Holds That PTAB's Determination on Whether the One Year Time-Bar Is Triggered in <i>Inter Partes</i> Review Is Reviewable on Appeal

Jon E. Wright & Pauline M. Pelletier

On Jan. 8, 2018, the Federal Circuit issued its significant <i>en banc</i> decision in <i>Wi-Fi One, LLC v. Broadcom.</i> In that decision, the Federal Circuit held that the time-bar of 35 U.S.C. §315(b) is reviewable on appeal, thus overturning a prior panel decision and opening the door for parties to challenge how the USPTO has interpreted and applied that statutory provision.

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Professional Development: The Quest for Work-Life Balance Image

Professional Development: The Quest for Work-Life Balance

Jennifer Bettencourt

<b><i>Designing Your Week</b></i><p>More than ever before, law firms are recognizing the importance of work-life balance for their employees, offering benefits such as flexible work schedules and working remotely. The acknowledgement itself is important, but unfortunately, it does not guarantee the balance we hope to achieve, especially for younger marketing and business development professionals looking to advance in their careers.

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More Developments in NFL Concussion Litigation Image

More Developments in NFL Concussion Litigation

Max Mitchell

Several leading law firms in the National Football League concussion settlement litigation are taking issue with an expert report that suggested slashing attorney fee recoveries. More than 10 law firms have filed responses to a December expert report that recommended capping attorney fees.

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<i>Legal Tech:</i> Peril in Paper: <i>EEOC v. GMRI</i> and the Digital Divide in e-Discovery Sanctions Image

<i>Legal Tech:</i> Peril in Paper: <i>EEOC v. GMRI</i> and the Digital Divide in e-Discovery Sanctions

David Horrigan

There was a time not so long ago when the term “e-discovery” didn't exist. It was known simply by its legal name, discovery. We're now entering an era where some observers feel the term will fade into history, returning us back to simply calling it discovery.

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Trademark Board's Precedential Ruling on Use in Commerce Image

Trademark Board's Precedential Ruling on Use in Commerce

Howard J. Shire & Jeremy S. Boczko

In a nearly 50-page precedential opinion in a ruling of great significance to the entertainment industry, a TTAB panel of judges recently underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become.

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The False Claims Act Sealing Orders Image

The False Claims Act Sealing Orders

Andrew W. Schilling & Megan E. Whitehill

<b><i>What They Say and Do Not Say</b></i><p><b><i>Part Three of a Three-Part Article</b></i><p>The question remains: Is the defendant in a False Claims Act matter barred from discussing the case, as are the relator and the government?

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Controlling Costs in Worker's Comp Image

Controlling Costs in Worker's Comp

Ann Hawkins

<b><i>The Rolling Stones Were Wrong — Time Isn't on Your Side</b></i><p>Almost every business owner loathes worker's compensation insurance — costs are high and can go up significantly in the event of a claim or multiple claims. Also, worker's comp can be a cost center that is heavily impacted by fraud and abuse. If employers can control the number and severity of claims and lower worker's comp costs, they can put the money to better use.

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