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  • In In re AE Liquidation, the Third Circuit held that a WARN Act notice only must be given when mass layoffs are probable, not when merely foreseeable. As a result, a debtor that was attempting to effectuate a going concern sale under Bankruptcy Code Section 363 was not liable for failing to give a WARN Act notice until the day it determined it could no longer wait for approvals from the buyer to close.

    October 02, 2017Russell C. Silberglied and Katherine M. Devanney
  • For tax professionals, particularly those who specialize in the area of state and local taxes, nexus is a topic that is discussed all too often. Nexus rules have lagged behind the ever-changing economic landscape, but states are beginning to catch up. Nonetheless, the nexus rules are very important for professional services firms such as law firms.

    October 02, 2017Thomas Fleming and Barry Horowitz
  • U.S. Patent Office statistics show that the PTAB has found at least one claim of a challenged patent to be unpatentable in over 80% of IPRs. Given these odds, and the fact that institution of an IPR is not appealable, a patent owner's best shot at preserving its patent rights intact is to defeat institution of the IPR trial in the first instance.

    October 02, 2017Susan Perng Pan
  • The first step to solving a problem is knowing it exists. But many businesses have never thought to ask whether their customer-facing websites are accessible to people with disabilities, and only become aware of the issue when they are sent a demand letter or served with a lawsuit alleging that their site violates the Americans with Disabilities Act (ADA).

    October 02, 2017Matthias L. Niska
  • As annual open enrollment season approaches, many employers may be evaluating ways in which to control rising health plan costs. One strategy frequently considered is a financial incentive for employees to waive or opt out of the employer-sponsored group health coverage.

    October 02, 2017Julia M. Vander Weele
  • In Haining Wansheng Sofa Co., Ltd. v. World Imports, Ltd. (In re World Imports, Ltd.), the Third Circuit firmly declared that "received" in Section 503(b)(9) connotes actual physical custody of the goods by the debtor. This turnabout in the interpretation of the meaning of "received" is a significant development, given that such claims frequently arise in business bankruptcies.

    October 02, 2017Anthony Michael Sabino
  • This article examines some of the key aspects of desirability and viability that are working together to make Brownfield redevelopment increasingly attractive in today's real estate market.

    October 02, 2017Paul M. Schmidt
  • Part One of a Two-Part Article

    Managing partners and members of executive committees in the most successful law firms strongly support the concept of having Practice Group Leaders (PGLs) assume a major role in their firms' efforts. Here's why.

    October 02, 2017Joel A. Rose
  • Susan Kohlmann, managing partner of Jenner & Block's New York office, has secured a shutout win for the stepdaughter of John Steinbeck in the latest installment of a long-running legal feud over book rights that has divided the late author's progeny.

    October 02, 2017Ben Hancock