In the Spotlight: Renewing a Lease
The market has seen significant activity in lease renewals. This article examines the steps to be taken and the key issues to keep in mind if you represent either a landlord or tenant looking at a lease renewal as an option.
The New ACORD Certificates of Insurance
The Certificate and Evidence of Insurance forms that ACORD made effective in late 2009/early 2010 have raised alarm among insurance certificate holders and their attorneys. Here's why.
Features
In the Courts
In-depth analysis of a recent important ruling.
The Crime of Bank Fraud, and the Question of Intent
In a recent case, however, the Second Circuit underscored that plainly fraudulent conduct is not always sufficient to satisfy the strictures of particular federal statutes.
Corporate Criminal Liability
While the government is busy holding businesses liable for criminal conduct, skeptics remain critical of its methods.
Sunbeam Eclipsed
A recent decision of the Seventh Circuit, <i>Sunbeam Prods. v. Chi. Am. Mfg., LLC</i>, has been viewed by many, including the authors of this article, as signaling a potential trend in favor of non-debtor licensees of intellectual property.
The Champerty Doctrine Under New York Law
A recent New York case demonstrates that the common law doctrine of champerty still poses a threat to the market for distressed debt.
Investing in China: What Every Investor Must Know
There are many companies listed on U.S. stock exchanges whose assets are located in China. Recently, many of these companies have faced increased scrutiny by their shareholders, bondholders, other investors and the Securities and Exchange Commission (SEC).
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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 ›