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Ninth Circuit Bankruptcy Appellate Panel: 523(a) Discharge Exceptions Don't Apply to Corporate Debtors Under Subchapter V
In Lafferty v. Off-Spec Solutions, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit held that the discharge exceptions under Section 523(a) do not apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.
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New York's Seldom Used Expedited Money Judgment Mechanism: CPLR 3213
In New York state and local court cases, there is a seldom-used procedural mechanism for obtaining an expedited money judgment against a guarantor. This article provides an overview of CPLR 3213 motions, an update on the resolution of the split that previously existed between the New York State Supreme Court, Appellate Division, First and Second Departments, and practical guidance for transactional counsel drafting commercial leases and guaranties.
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California DOJ's Mission: Reinvigorate Criminal Prosecutions Program
California hasn't brought a case for criminal antitrust violations in more than 20 years. But that's about to change, according to California Assistant Attorney General Paula Blizzard.
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FTC Chair Concerned About Dominant Tech Firms
The concentration of dominant technology firms could harm U.S. national interests and global leadership, Federal Trade Commission Chair Lina Khan said in March at a Carnegie Endowment for International Peace event.
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U.S. Regulators Lift the Curtain on Data Practices with Assessment, Reporting and Audit Requirements
The assessment and audit requirements of the new generation of state data protection laws will force U.S. companies to move beyond mere window dressing and instead require them to develop fulsome data protection programs.
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Decoding DOJ's New 'Justice AI' Initiative
The DOJ is likely to face many practical challenges and novel issues as it begins coding its own algorithm for AI-related enforcement. This article briefly examines three areas of AI-related enforcement where such practical challenges and novel issues may arise.
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NYC Guarantor Liability for Post-Window-Period Rent
In Tamar Equities Corp. v. Signature Barbershop 33 Inc., the Appellate Division analyzed whether the Guaranty Law bars recovery from a guarantor where a commercial tenant's default initially arose during the Guaranty Law's window period, but persisted after its expiration.
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The FTC and DOJ's New Guidelines Promise Sharper Scrutiny of Mergers
From loosened structural presumptions to unconventional theories of harm such as "ecosystem competition" to consideration of a merger's effects on outside markets, we review some of the most noteworthy changes in the new Guidelines.
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Supreme Court Set to Decide On Competing Interpretations of Federal Corruption Statute
In this article, we describe the competing interpretations of Section 666 and comment on the implications of a Supreme Court decision in United States v. Snyder, where it will decide whether the law criminalizes "gratuities," and not simply "bribes," given to state and local officials.
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'Yellowstone' Injunctions: Navigating the Wild West of Commercial Lease Disputes
The Yellowstone injunction is implicated in nearly every lease for commercial real property in the state of New York, yet most landlords and tenants do not know what it is or how it affects them. Below is a succinct overview of its implications so that commercial landlords and tenants can better navigate lease disputes.
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