Bids in bankruptcy auctions can be divided into two broad categories: all-cash bids; and non-cash and credit bids. This article discusses some important issues raised by non-cash bids.
February 29, 2016Adam L. Rosen and Sheryl P. Giugliano
While any pet lover knows that a pet is not a piece of furniture but, rather, is beloved and irreplaceable, it is not likely that the court will enforce any agreement until such time as the legislature takes action.
February 29, 2016Lynne Z. Gold-BikinOne of the biggest challenges for U.S. employers, investigators, and e-discovery practitioners in cross-border litigation involving European companies or citizens has been obtaining digital data about European individuals. The privacy rights European citizens have ' under both EU and member state law ' are significant.
February 29, 2016David HorriganToday's legal departments are undergoing fundamental changes thanks in part to the imminent threat of ongoing cyberattacks. Given the massive breaches at some of the world's visible brands, it is increasingly clear that cybersecurity can no longer be regarded as the exclusive domain of IT.
February 29, 2016Jason StraightLawyers love a debate, and it looks like a doozy is set concerning nonlawyer ownership of law firms (NLO).
February 29, 2016Arthur J. CiampiPatent box is the catchy shorthand label that has been given to the tax incentive programs for intellectual property assets that have recently sprung up all over the world. While it may be descriptive of the British system, it is hardly descriptive of most tax regimes in other nations.
February 29, 2016Lori-Ann JohnsonA significant problem confronting many debtors seeking to reorganize through Chapter 11 involves the resolution of labor contract issues. A recent decision from the U.S. Court of Appeals for the Third Circuit will likely impact how that problem is solved by debtors teetering on the brink of, or already in, Chapter 11 where their operative collective bargaining agreement has or soon will expire.
February 29, 2016Francis J. Lawall, Henry J. Jaffe and Michael J. CusterThe year 2005 really marked the beginning of the "era of data breaches," and with it, the "era of data breach lawsuits." In its place, what is now commonplace in the wake of major data breaches ' class action "privacy" litigation on behalf of data subjects, seeking millions of dollars in damages, under a dizzying array of legal theories.
February 29, 2016John HutchinsLike many others, parties engaged in or deriving income from the legal commercialization of medical marijuana, either directly or through another party are not immune to financial distress, and sometimes, seeking bankruptcy relief may be strategic or necessary. Unfortunately, Marijuana-Related Parties have found elusive the protections and benefits under the Bankruptcy Code.
February 29, 2016Robert C. YanIf you are advising a health care provider entity, such as a nursing home, what can you tell them regarding their liability? Is the institution itself at risk because of the personal failings of certain employees? What if it is staffed by independent contractors? Can a uniform plan or employee manual be developed, and will that help?
February 29, 2016Nathan C. Volpi