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Features

Is the Rule Preventing Bankruptcy Judges from Appointing Special Masters Outdated? Image

Is the Rule Preventing Bankruptcy Judges from Appointing Special Masters Outdated?

Mark B. Conlan & Noel L. Hillman

Rule 9031 of the Federal Rules of Bankruptcy Procedure prevents all bankruptcy judges, and, if broadly interpreted, any federal judge hearing bankruptcy cases and proceedings, from appointing special masters. The rule has not been amended since its adoption in 1983. It is outdated and should be repealed or amended to accord with the reality of today's complex Chapter 11 cases.

Features

NJ Supreme Court: Commercial Property Owners Have a Duty to Maintain Abutting Sidewalks Image

NJ Supreme Court: Commercial Property Owners Have a Duty to Maintain Abutting Sidewalks

Colleen Murphy

In a 4-3 decision on June 13, the New Jersey Supreme Court reversed an Appellate Division opinion in a slip-and-fall case, concluding that all commercial landowners have a duty to maintain public sidewalks and are liable to pedestrians who are injured as a result of their negligent failure to do so.

Features

Fourth Circuit Could Decide Fate of the 'Texas Two-Step' Image

Fourth Circuit Could Decide Fate of the 'Texas Two-Step'

Amanda Bronstad

An influential appellate court has agreed to take up a bankruptcy involving the controversial "Texas two-step," potentially deciding the merger tactic's fate in future Chapter 11 cases. The Fourth Circuit agreed to hear a petition to dismiss the bankruptcy of Bestwall, a subsidiary of Koch Industries-owned Georgia-Pacific, created through a "Texas two-step" to resolve 60,000 lawsuits over asbestos exposure.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Music Publishers' Nashville Lawsuit Over Alleged Use of Lyrics in AI Generative Program Is Sent to California Federal Court New York Appellate Court Affirms Dismissal of Fashion Model's Publicity Right Claim Over Ralph Lauren Documentary New York Federal Court Applies Written Contracts Clause to Determine Intent in Implied TV-Distribution License Dispute

Features

Pennsylvania Bar Issues Opinion On Ethical Use of AI Image

Pennsylvania Bar Issues Opinion On Ethical Use of AI

Daniel J. Siegel

Formal Opinion No. 2024-200 stands as the most detailed opinion issued by any Bar association to date, aiming to heighten ethical awareness and offer advice on addressing these issues. While aimed at Pennsylvania-licensed attorneys, the guidance is applicable to all lawyers everywhere.

Features

Antitrust Enforcement Agencies Target AI Companies Image

Antitrust Enforcement Agencies Target AI Companies

Sulaiman Abdur-Rahman

U.S. antitrust enforcement agencies may file complaints against the biggest companies advancing artificial intelligence, legal experts said in reaction to news reports of a handshake agreement between the Department of Justice and Federal Trade Commission.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Zhiqiang Liu

Federal Circuit Sitting en banc Overrules Long-standing Test for Assessing Obviousness of Design Patents and Adopts the Same Framework Established for Utility Patents Federal Circuit Affirms District Court's Grant of §285 Fees Request for Fees Incurred in Litigation and Denial of Fees Request for Fees Incurred In a Parallel IPR Proceeding

Features

Supreme Court: Prospective Parity Is Answer to Past Trustee Fee Disparity Image

Supreme Court: Prospective Parity Is Answer to Past Trustee Fee Disparity

Steve Lash

The appropriate remedy for the past disparity in bankruptcy fees between federal Bankruptcy Trustee and Administrator districts is simply to ensure all the courts are charging the same going forward, the Supreme Court ruled on June 14.

Features

Where CRE Prices Are Trending By Type Image

Where CRE Prices Are Trending By Type

Erik Sherman

The Trepp Property Price Index (TPPI), which measures CRE price movements over time, is now generating sector-specific figures for multifamily, office, retail, industrial and lodging.

Features

Adequate Tech Budgets Are Essential For Effective Marketing Department Performance Image

Adequate Tech Budgets Are Essential For Effective Marketing Department Performance

Deborah B. Farone

Adequate investment, especially for marketing technology, enables departments to function effectively. Unfortunately, this funding is often insufficient. Technology without support is like installing a lightbulb in a home that has no electricity.

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