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Columns & Departments

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

In-depth discussion of several key cases.

Features

Fair Housing Act Permits Disparate Impact Liability Image

Fair Housing Act Permits Disparate Impact Liability

Stewart E. Sterk

In <I>Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.</I>, the Supreme Court, over the objection of four dissenting justices, held that proof of discriminatory intent or treatment was not essential to a Fair Housing Act claim.

District Court Affirms Cramdown Interest Rate Calculation in <i>Momentive </i> Image

District Court Affirms Cramdown Interest Rate Calculation in <i>Momentive </i>

Robert W. Dremluk

On May 5, 2015, United States District Judge Vincent L. Bricetti affirmed the confirmation order issued by United States Bankruptcy Judge Robert D. Drain in the MPM Silicones LLC ( Momentive ) Chapter 11 cases. We discussed the facts and analyzed Judge Drain's ruling with respect to the applicable cramdown interest rate to be applied to secured claims under section 1129(b)(2)(A)(i) of the Bankruptcy Code in a prior article ( see "Cramdown Interest Rates in Chapter 11," Equipment Leasing Newsletter , March 2015, http: //bit.ly/1Jr81HU). On appeal, the senior lien appellants argued that the plan of reorganization confirmed by Judge Drain violated section 1129(b) by using a "formula approach" to calculate the cramdown interest rate, and, in the alternative, by calculating the cramdown interest rate under the formula approach incorrectly.

Features

On the Modern American Class Action Image

On the Modern American Class Action

David L. Wallace & Michael R. Kelly

This article examines what the author calls the present scourge of food litigation being driven by class-action attorneys on the theory that a regulatory violation of any magnitude amounts to an unfair or deceptive trade practice under state consumer protection statutes.

Social Media Policies For Employees in the Educational Setting Image

Social Media Policies For Employees in the Educational Setting

Megan E. Grossman & Kim N. Nguyen

As a new school year begins, the use of social media is more prevalent in the classroom than ever. And while many school districts have adopted social media policies relating to the regulation of its students' actions, many have not implemented similar policies with respect to its employees, including teachers and other staff.

Features

Ashley Madison Data Breach Sparks Suits Image

Ashley Madison Data Breach Sparks Suits

Ross Todd

Infidelity website AshleyMadison.com and its parent company Avid Life Media Inc. have been hit with a pair of class actions in Los Angeles federal court stemming from the site's recent data breach.

Features

Rebuttal: A Response to the 'Tale' on Class Action Image

Rebuttal: A Response to the 'Tale' on Class Action

Jonathan W. Cuneo, Taylor Asen & Ben Elga

The authors present a rebuttal to this month's article on class actions.

Features

Are You Following ALTA Best Practices? Image

Are You Following ALTA Best Practices?

Steven A. Davis & Jorge Rey

The American Land Title Association (ALTA) recently announced it has expanded the availability of its Best Practices Framework resources to non-members. Title agencies can use the framework to demonstrate compliance to lenders, who need to meet regulatory requirements regarding oversight of their third-party service providers. Law firms that have a title agency and those that are considering adding one in the future should be aware of ALTA Best Practices.

Features

MT Court: Companies Must Show Prejudice to Avoid Coverage Based on Late Notice Image

MT Court: Companies Must Show Prejudice to Avoid Coverage Based on Late Notice

Michael T. Sharkey

Last month, we discussed the fact that in two recent decisions, the Montana Supreme Court held that an insurance company seeking to deny coverage on the grounds of a policyholder's untimely notice must establish that it was prejudiced by the timing of notice. The discussion concludes with a look at other states.

Features

Federal Circuit Expands Liability For Divided Patent Infringement Image

Federal Circuit Expands Liability For Divided Patent Infringement

Elizabeth B. Hagan & David K. Tellekson

Having been urged to do so by the Supreme Court, the Federal Circuit recently expanded liability under 35 U.S.C. '271(a) for direct infringement of a method patent involving more than one actor (divided infringement).

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