Features
A Cautionary Tale for Lender Overreaching into Bankruptcy Remoteness
<b><i>In re Lexington Hospitality Group, LLC</b></i><p>Bankruptcy remote structures are often used to protect against the impact of default under a credit facility. A common mechanism is organizational documents requiring an outside director or member's vote to authorize a bankruptcy filing. However, the United States Bankruptcy Court for the Eastern District of Kentucky found that such a requirement implemented at the behest of a lender, among other bankruptcy restrictions, and where there was not true independence frustrated the important federal public policy of favoring fresh starts in bankruptcy.
Features
Corporate Counsel Are Tackling Their Data Risk All at Once: Can They Do It?
A new BDO study finds a lack of priorities in data-related spending could, eventually, leave companies overstretched.
Features
<i>Legal Tech:</i> Four Lessons Learned from Exterro's 4th Annual Federal Judges Survey
For the fourth time, Exterro has conducted an in-depth survey of federal judges in order to understand better how they see e-discovery law and practice changing.
Columns & Departments
IP News
Claim Preclusion Requires Analysis that Claims in Newly Asserted Patents are Patently Indistinct from Claims in Previously Adjudicated Patents<br>Claim Elements Taught by Prior Art for Purposes of Novelty and Obviousness are not Necessarily 'Well-Understood, Routine, and Conventional' Under §101
Columns & Departments
Hotline
Arkansas State Senator Pleads Guilty to Fraud and Money Laundering
Columns & Departments
Landlord & Tenant
Denial of Remaining Family Member Status Upheld<br>Occupant Entitled to Succession Rights to Stabilized Apartment Even If Named Tenant Continued to Sign Leases After Moving Out<br>Tenant Entitled to Succession Rights to Rent-Controlled Apartment<br>Landlord Did Not Establish Use of Apartment to Facilitate Drug Trading<br>421-G Buildings Subject to Luxury Deregulation<br>Incarcerated Son Note Entitled to Succession Rights
Columns & Departments
Bit Parts
Essence of the Ninth Circuit's Decision in the “Blurred Lines” Copyright Infringement Case<br>Trademark Cancellation Claim Can't Proceed Against Marilyn Monroe Brand Manager
Columns & Departments
Case Notes
Suit in Second Jurisdiction Is Duplicative<br>Mailing Rent Check While Doing Unauthorized Acts Is Not Mail Fraud
Features
'Sales Speak:' Savvy Salesmanship is a Hallmark of Successful Business Development
At its core, business development is about making authentic connections that grow into meaningful relationships. Rainmakers recognize that principle and apply an array of techniques to fuel their careers.
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