Features
Chapter 9 Cases with Debtors Other Than Cities, Counties and Towns
Over the past several years, Chapter 9 has been the subject of unprecedented attention, both within the bankruptcy bar and among the public at large. This surge in interest is attributable to a number of high-profile Chapter 9 cases filed recently by cities, counties, and towns throughout the country.
Navigating the Minefield of U.S. Export Control
While the export control regulatory framework can present a dizzying array of requirements for exporters, companies also risk being held responsible for the activities of others, including those abroad who trans-ship their products to destinations embargoed by the United States, or in violation of U.S. licensing or regulatory requirements.
Columns & Departments
Drug & Device News
Items about marijuana laws and choice of law
IP News
Federal Circuit to Decide On First Amendment Constitutionality of Barring Disparaging Trademark Registration<br>Federal Circuit: The PTO's Refusal to Terminate IPR Proceedings Is Not a 'Final Agency Action'
Columns & Departments
In the Courts
In-depth analysis of a recent case in which the government paid $45M to Northrop to settle trade secrets litigation.
Co-op Sale Contracts: Allocating the Risk of Potential Co-op Board Interference
When may a coop buyer escape from a sale contract based on erroneous statements made by the coop board that would, if accurate, interfere with the buyer's right to occupy space associated with the coop shares the buyer has contracted to purchase? The First Department recently faced that issue.
Columns & Departments
Development
Cases involving vested rights, and area variance denial.
Features
Small, Midsize Firms Adapt to Increased Scrutiny
Like their larger counterparts, small and midsize law firms are facing escalating scrutiny from clients over their efficiency, project management and costs. But not all small and midsize firms are reacting in the same way.
'I Demand a Refund'
Numerous class action complaints have been filed recently, challenging labels' claims that the products are "all natural." One of the many roadblocks for plaintiffs in establishing class certification in these cases has been finding a reliable damages methodology that can withstand scrutiny. This article summarizes several proposed models, and how the courts have dealt with them.
Features
<b><i>In the Spotlight:</i></b> How to Break a Commercial Lease
The article contains a basic checklist from both the Tenant's and Landlord's viewpoint on how to break a commercial lease.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›