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Creditors' Rights in Chapter 11: Use Them or Lose Them Image

Creditors' Rights in Chapter 11: Use Them or Lose Them

Bruce Buechler & Andrew Behlmann

The old adage "use it or lose it" applies at every stage of a Chapter 11 case.Nowhere is this seemingly harsh ' but essential ' reality more evident than in the ongoing saga of a group of three holders of gift cards, totaling $225.00 in value, issued by the now-defunct Borders bookstore chain.

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Data Security Breaches Image

Data Security Breaches

Todd C. Taylor & Karin M. McGinnis

In April 2014, the U.S. District Court for the District of New Jersey decided that the FTC could pursue a claim that a hotel company's failure to have adequate data security measures is an unfair trade practice. The agency believes that data security is a basic responsibility of any company that accepts consumer personal information.

Rent Acceleration Clauses in New York Image

Rent Acceleration Clauses in New York

Stewart E. Sterk

When is a rent acceleration clause in a commercial lease enforceable? The Court of Appeals recently addressed that question and gave an answer that is unlikely to be helpful to anyone but litigators: The court, however, provided little guidance about when a rent acceleration clause would constitute a penalty.

Features

Disputes over Noise Levels from Live Performances Image

Disputes over Noise Levels from Live Performances

Jay Stapleton

Noise complaints have long been an occupational hazard for venue operators, musicians and concert promoters. The surge in the electronic dance music scene has added to the number of complaints. What might be enjoyable entertainment to one person may sound like a thunderous racket to another.

In the Courts Image

In the Courts

ljnstaff & Law Journal Newsletters

In-depth analysis of two major rulings.

Problematic Lease Provisions: The Top Three Offenders Image

Problematic Lease Provisions: The Top Three Offenders

Jill R. Johnson

Although every commercial lease is unique, there are three provisions that often create the most problems for landlords and tenants: self-help repossession provisions, restrictive covenants, and repair provisions. This article discusses those provisions.

Brokerage Windows in Retirement Plans Image

Brokerage Windows in Retirement Plans

Andrew L. Oringer, Andrew H. Braid & Aaron S. Cha

A discussion of recent developments surrounding what has become an increasingly controversial topic regarding the investment of Section 401(k) plans and other participant-direct retirement plans.

Features

How to Change Law Firms at 60 Image

How to Change Law Firms at 60

Louie H. Castoria

Last year the readerI turned 60, and left the fine law firm that had been his home for 33 years, joining another fine firm in July. Here's how he did it.

Features

Addressing Value Challenges With Collaborative Workspaces Image

Addressing Value Challenges With Collaborative Workspaces

Karin S. Jenson & Clare Foley

Today's law firms face unprecedented challenges in a highly competitive and rapidly evolving marketplace. Corporate clients, under intense pressure to cut costs and increase efficiency within their own organizations, are no longer willing to simply pay an hourly rate for services rendered in good faith. They are unapologetic in demanding increased accountability and demonstrable value from the legal teams who represent them.

Features

<i>EEOC v. Ruby Tuesday</i> Image

<i>EEOC v. Ruby Tuesday</i>

Rebekkah Mintzer

Ruby Tuesday Inc. is a restaurant chain known throughout the U.S. for its burgers and casual family-friendly atmosphere. Unfortunately for the company, the U.S. Equal Employment Opportunity Commission (EEOC) apparently wants to make it known for something less savory: a novel approach to sex discrimination.

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