Features
Mortgage Can Be Modified By Ch. 11 Plan, Even If Debtor Is Not Indebted, But Cram-Down Limited
Today we review a situation where a 50% interest in mortgaged commercial real estate was transferred without the consent of the lender, and the new tenant-in-common owner subsequently filed a Chapter 11 case and attempted to modify the payment terms of the mortgage loan to which he is not a party.
Features
Conquering Holiday Stress
Attorneys are often expected to manage not only their own emotions surrounding this time of year, but those of others as well. While many people delight in gatherings and celebrations, those within the legal realm must navigate a unique set of challenges, including heavy caseloads, demanding clients and personal holiday commitments. Between stress at work and responsibilities at home, this can seem daunting and, at times, outright overwhelming. To help navigate this season, here are six tips to help conquer holiday stress.
Features
An NDA Is Not a ‘Magic Talisman’ for Trade Secret Protection
An NDA can cover information that would not qualify as a trade secret under state or federal law, and it can provide limited contractual protection to that information. But it is not a “magic talisman” for the protection of intellectual property, and it cannot create trade secret protection where it would not otherwise exist.
Features
The Increase in Artificial Intelligence-Related Securities Class Actions
While the full scope of AI-related legal risks is still developing, both the SEC and FTC have revealed the kinds of AI-related corporate behaviors they consider problematic. The problematic corporate behavior the agencies emphasized the most is “AI Washing” — the practice of making unfounded claims about AI capabilities.
Features
Defining ‘Alter Ego’ and Its Application to Determine Corporate Taxability
Creditors of corporate entities will, at various times, pursue the controlling shareholders to satisfy an undercapitalized corporation’s indebtedness. Following along these lines, when it comes to income taxation, it is always important to be able to identify the proper taxpayer. Alter ego concepts may aid in any such determination, i.e., determining whether a corporation that presumably realizes the income should be taxed, or whether the controlling shareholder realized the income and, therefore, should bear the tax liability.
Features
The Risks of Office-to-Residential Conversions
Office-to-residential conversions present significant challenges to owners and developers that arise from the interrelationship among the regulatory regime, the legal restrictions and requirements of the site and the physical requirements of conversion; the resulting incremental cost of conversions mean that many potential conversions just do not pencil out.
Columns & Departments
Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Columns & Departments
Upcoming Event: Copyright Year In Review
CLE sponsored by the Copyright Society of the South, Nashville, TN, Dec. 12, 2024.
Columns & Departments
Development
Department of Environmental Conservation Misapplied Statute
Features
Trump May Dial Back ‘Hyper-Aggressive’ Antitrust Enforcement of Biden Administration
Dealmakers and business leaders should not expect Donald Trump during his second presidential administration to retreat from aggressive antitrust enforcement, but they may see relief from some of the Biden administration enforcement tactics they found especially aggravating.
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