Unscheduled Rights of Action
Debtors occasionally attempt to assert property rights that existed at the time of their bankruptcy filing. When those rights were not fully disclosed in the debtor's schedules, there is a problem.
Disagreement over Absolute Assignments of Rents Reappears
Reviewing the impact under New York law of what appeared to be absolute assignments of rents, and whether Chapter 11 debtors can spend property rents to support their reorganization efforts despite such assignments.
<b><i>BREAKING NEWS:</i> Networks Prevail in Copyright Dispute over Online Service</b>
The U.S. Court of Appeals for the Second Circuit on Aug. 27 barred a company that streams live TV shows over the Internet from continuing to transmit the programming, finding that to hold otherwise would 'destabilize [an] entire industry' and inflict irreparable damage on the networks.
<b><i>BREAKING NEWS:</b></i> Apple Wins Big in Trial Against Samsung
If the verdict Apple obtained on Aug. 24 against Samsung in their smartphone and tablet trial isn't chopped down in post-trial motions or on appeal, it will stand as the largest patent verdict in history.
ABA Survey Shows Growth in Lawyers' Social Media Use
News flash: More lawyers are using social media! OK, we all knew that. But it's always nice to see some numbers that give us a sense of where we are. The recently published <i>2012 ABA Legal Technology Survey Report</i> on Web and communication technology does that.
Case Briefs
Highlights of the latest insurance cases from around the country.
Features
An Insurer's Willful or Knowing Violation of Mass. Gen. Law, Ch. 93A, ' 9
The Supreme Judicial Court of Massachusetts issued its much anticipated decision, <i>Rhodes v. AIG Domestic Claims, Inc.</i>, clarifying the scope of damages when an insurer is found to have willfully or knowingly committed an unfair settlement practice in violation of the Massachusetts Consumer Protection Act (M.G.L. c. 93A, ' 9).
Features
If Insurers Have an Alleged 'Right' to Reimbursement, Where Does It Come From?
The Washington Court of Appeals in <i>National Surety Corp. v. Immunex Corp.</i>, got it right when it determined that an insurer has no "right" of reimbursement.
Features
Decisions of Interest
Recent rulings of interest to you and your practice.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›