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Features

The Evolution of New Value Plans

Alan K. Mills, David M. Powlen & Jonathan D. Sundheimer

A recent decision by the Seventh Circuit Court of Appeals, <I>In re Castleton Plaza, LP</I>, has put into question the application of the new value corollary in future Chapter 11 cases.

Features

'Immediate and Appropriate Corrective Action'

Anthony B. Haller & Andrew B. Cohen

Most employers know of their obligation to take immediate and appropriate corrective action to prevent harassment in the workplace. But this obligation extends to preventing harassment by <I>non-employees,</I> including, for example, customers, patients, and university students.

Features

Online Extra: Juror's Online Research Forces New Trial

Scott Graham

Jurors who improperly search the Internet for information about the trial they're hearing are a growing problem for lawyers and judges.

Features

Secured Lender's Loss of Possessory Lien Affirmed

Lawrence S. Goldberg, David M. Hillman & Michael L. Cook

The U.S. Bankruptcy Appellate Panel for the Eighth Circuit held on March 25, 2013, that a lender "lost its possessory lien when it turned the Debtor's account funds over to the Trustee without first seeking adequate protection.

Features

Financing the Cloud

Ron Arrington

One subject not getting near enough attention is the role IT financing will play as companies migrate to the cloud in a bid to save costs and bring added flexibility to their business models.

Circular Lien Priorities: Tackling Three-Party Subordination

Alan M. Christenfeld & Barbara M. Goodstein

This article discusses the priority issues that can arise where three or more creditors claim a security interest in the same collateral and a recent Seventh Circuit case, <i>Caterpillar Financial Services v. Peoples National Bank,</i> that addresses this infrequently adjudicated problem.

Features

Recovery of Make-Whole Premiums

David M. Hillman & Karen S. Park

Earlier this year, the U.S. Bankruptcy Court for the Southern District of New York added to the debate on alender's right to recover a make-whole premium as part of its allowed claim in a bankruptcy case.

Cyberinsurance: Making the Policy Fit

Judy Selby & Brian Esser

It seems that everyone these days, from President Obama to Facebook account holders, is concerned about cybersecurity. Data breaches and cyberintrusions are front page news, and businesses are warned to take a 'when, not if' approach to these threats.

Features

Online Retailers Lose Challenge to New York's Internet Tax

Shari Claire Lewis

In a case that has far-reaching ramifications because of the exponential expansion of cyberspace in general, and because of the growth of e-commerce in particular, the New York Court of Appeals has rejected challenges by two major online retailers to New York's 'Internet tax,' which requires collection of a sales tax on online purchases made by New York residents.

Features

e-Discovery 3.0: Preparing for a New Era of Forensic Collections

Greg Cancilla

When a corporation involved in a high-profile lawsuit last year wanted to find an incriminating text message that a former employee intentionally deleted from his mobile phone, its legal team did not conduct a nationwide manhunt for the sender's device or subpoena his wireless carrier. In the modern era of high-tech litigation, the company's forensic specialists simply used the UFED Touch Ultimate data extraction, decoding and analysis tool from Israel-based Cellebrite Ltd.

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