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  • Proper notice is a hallmark of all bankruptcy proceedings. If a creditor or party-in-interest has no notice of a particular matter, many courts have ruled that the creditor or party-in-interest will not be bound by a particular court's determination.

    March 02, 2017Bruce Buechler
  • Key Considerations When Negotiating Personal Guarantees to Commercial Real Estate Leases
    In today's commercial real estate market, uncertainty is about the only real thing that is certain. In this period of flux, where landlords no longer enjoy the same position of strength and leverage they once had over prospective tenants, it is critical to try and negotiate independent guarantees that best suit each particular deal and (hopefully) hedge against the downside of a potential tenant default and resulting litigation.

    March 02, 2017Mitchell W. Abrahams and Jason R. Finkelstein
  • 2017 has arrived with a bang: expenses are back on the rise and demand growth is trending negative. Last year in the March issue of this publication, we hypothesized what the results of the 2016 Mattern & Associates Cost Recovery Survey would reveal. With the results tabulated, let's see how accurate our predictions were as well as analyze the results.

    March 02, 2017Rob Mattern
  • The Fifth Circuit recently clarified the Anti-Kickback Act. Here's an analysis of the ruling.

    March 02, 2017ljnstaff | Law Journal Newsletters
  • Did you know that your employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the FTC and the DOJ Antitrust Division. The Agencies issued this guidance to remind employers that, like any other market, the job market is subject to antitrust laws.

    March 02, 2017Robert G. Brody and Alexander Friedman
  • The ever-increasing popularity of digital electronic signatures (eSignatures) for entering into equipment leasing and financing transactions without the use of paper documents (eLeasing) is compelling lessors, banks and others competing in the market for equipment financing to re-evaluate and transform the structure of their entire operating platforms.

    March 02, 2017Raymond W. Dusch
  • Federal Circuit Affirms Grant of a Preliminary Injunction Despite PTAB's Final Written Decision
    Federal Circuit: Proving Derivation Requires a Showing That All Limitations Were Conceived and Communicated

    March 02, 2017Jeffrey S. Ginsberg and Abhishek Bapna