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Rule 2004 of the Federal Rules of Bankruptcy Procedure (Bankruptcy Rule 2004) is a crucial pre-litigation discovery tool to investigate potential Avoidance Actions ' causes of action under Chapter 5 of the Bankruptcy Code.
The Fifth Circuit recently reaffirmed the long-established rule that an over-secured lender's legal and other fees are subject to court approval as reasonable under section 506(b) of the Bankruptcy Code.
What do cheerleading uniforms and laminated faux-maple flooring have in common? And what does either one have to do with copyright law? Read on: Both have recently been the subject of dubious rulings about the copyrightability of useful articles that could, if not reversed, further muddy the already murky doctrinal waters the courts have created around this issue.
A "Series LLC" is a form of limited liability company that has been available under the laws of a number of states for almost 18 years. The Series LLC has gone largely unnoticed in both the common business arena and the courts.
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Congress enacted the ADA "to remedy widespread discrimination against disabled individuals." The salutary effect of the ADA cannot be understated. However, many business owners and operators might, at the same time, rightly ask whether there are any limits to the Act's reach.
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This article presents a brief primer on the current state of the always evolving common law of quiet enjoyment and constructive eviction, and then offers suggested lease language to avoid unnecessary confusion.
The potential pitfalls for employers with regard to transgender employees are enormous. Most courts that have held that the gender-stereotyping theory of <I>Price Waterhouse v. Hopkins</I> extends Title VII protections to those individuals.
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The recent decision rendered by Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York in the Chapter 11 cases of Residential Capital, LLC (ResCap) on the oft-disputed issue of the appropriate interest rate calculation under Section 506(b) of the Bankruptcy Code is discussed.
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Online service providers often collect user data for marketing, which frequently includes sharing the information with third parties. Consumers and web users who find this transmission of data an invasion of privacy can, with the help of the plaintiffs' bar, sue under various privacy statutes for alleged damages arising out of this practice.
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There are myriad issues that must be addressed when leasing space within a mixed-use development that differ from the standard issues when leasing space within retail centers such as enclosed mall shopping centers. This article focuses only on one difference.