Features
Chapter 11 Not Safe Harbor for Debtor to Delay Creditors, Bankruptcy Court Rules
A ruling by a federal bankruptcy judge in New York denying attorney’s fees to a debtor’s counsel sends a startling reminder to attorneys and clients alike. The Chapter 11 process is not intended to be a safe harbor for a debtor solely to delay creditors or circumvent other legal proceedings.
Features
AI-Related Securities Class Actions On the Rise
Understanding the types of challenges shareholders are bringing against AI-affiliated companies is critical to effectively evaluating proposed disclosures and addressing potential areas of exposure.
Real Property Law
Buyer Entitled to Specific PerformanceQuestions of Fact Preclude Summary Judgment On Issue of Title to Paper StreetTrue Owner Did Not Rebut Hostility By Adverse Possession
Columns & Departments
Fresh Filings
Notable recent court filings in entertainment law.
Features
Court Allows Nonconsensual Releases of Third-Party Claims to Be Included In Settlement Agreement
The bankruptcy bar and courts are attempting to determine the breadth and depth of the Purdue ruling both as to what constitutes consent under a plan of reorganization and whether Purdue applies to other bankruptcy proceedings, including a sale of assets under section 363 of the Bankruptcy Code, free and clear of claims, and approval of settlements. The U.S. Bankruptcy Court for the Eastern District of Virginia recently faced these issues.
Features
Foreclosures May Not Be Limited to Loan Payment Default
Lenders typically will only pursue foreclosure as a remedy for default if a borrower has defaulted on a real, economic term of the deal — that is, when the borrower has failed to pay principal or interest.However, a series of recent cases has illustrated that borrowers who default on terms of the loan which are unrelated to the debt itself may nonetheless face foreclosure.
Features
Incoming Law Firm Leaders Are Not Prepared for Industry’s Transformative Period
Incoming law firm leaders are not prepared — and the stakes have never been higher. As we enter one of the most transformative periods in the legal industry, marked by an uptick in the influence and power of talent, expanding adoption of AI, major political upheaval and the much-anticipated official entrance of a Big 4 accounting firm into the legal space, the importance and impact of strategic decision-making in the upper echelon of firms has never been greater.
Features
New Bifurcated PTAB Pretrial Procedure: Procedural Deep Dive and Possible Implications
In the latest action part of a recent whirlwind of PTAB policy and procedural change around the use of so-called “discretionary denial” to refuse to a challenge to the validity of a granted patent, the Acting Director of the USPTO has issued a memorandum creating a new “bifurcated” pretrial procedure to be used for deciding whether or not to proceed with a trial in response to a petition for inter partes review or post grant review of a granted patent.
Features
Shift In Foreign Corruption Policy Could Amplify Risk of Extortion for Global Businesses
The Trump administration’s shift in enforcement policy away from foreign corruption and towards the fight against Transnational Criminal Organizations (TCOs) such as drug cartels, may reduce the immediate risk to global businesses of an FCPA prosecution based on alleged extortion payments. However, the same shift raises new threats to those businesses under statutes that prohibit engagement of any kind with terrorist organizations, do not recognize an extortion defense, and may give rise to civil as well as criminal liability.
Features
Fast Turnarounds Beat Long-Term Ownership In the Office Market
There’s been a rebound for Class A and A+ office properties. This comes after office reached bottom in 2023, with Colliers calling the asset class a “leader in year-over-year sales gains.”
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