Federal Lawsuits and DOMA
May 16, 2011
In a ground-breaking decision by President Obama and the DOJ, General Eric Holder recently announced that the unequal treatment of same-sex couples under DOMA violates the Equal Protection clause of the United States Constitution. A look at relevant litigation.
Medicare and Medicaid Issues in Insolvency Cases
May 14, 2011
Almost every health care bankruptcy case involves Medicare or Medicaid payments in some form or fashion. Insolvency professionals should be aware of the many complications of Medicare and Medicaid payments and potential negative consequences in bankruptcy cases.
Bankruptcy Claims Traders Alert
May 14, 2011
The Seventh Circuit recently affirmed a ruling that the purchaser of a claim based upon an executory contract that was ultimately rejected by a Chapter 11 DIP is not entitled to cure amounts as part of its allowed claim.
Buyer Beware
May 14, 2011
Secured lenders often consider an out-of-court foreclosure as a faster and more efficient alternative to a credit bid sale under Chapter 11. The Second Circuit Court of Appeals has nowthrown a monkey wrench into the foreclosure alternative.
Failure to File Post-Trial Motions Means $18.5 Mil. Verdict Stands
May 14, 2011
The Pennsylvania Superior Court has upheld an $18.5 million verdict against grocery chains Safeway and Genuardi's because the chains did not file post-trial motions before appealing to the Superior Court.
Implementing Change in a Franchise System
May 14, 2011
franchisors should examine their existing franchise agreements and cultures, to make sure that when the time comes for a change to be made expeditiously, the franchisor will have the mechanisms to meet the changing market conditions.
Practice Tip: Permitting Short-Term Access to Your Property
May 14, 2011
Even in a few hours ' or a few minutes, for that matter ' an accident can occur on your premises and you can find yourself defending claims brought by third parties when you did nothing to cause the damage or injury.
Storage Space in a Retail Facility
May 14, 2011
This article addresses suggests some ways in which a tenant can be certain that its storage space agreement works in concert with its retail lease.
LEGAL RFP'S II.
May 13, 2011
LEGAL RFP'S II. - Continuing the discussion of whether or not to respond to RFP's, here are additional critical questions to ask. * Who will be reviewing the submittals, what time period has been allotted and are their objectives clearly stated in the document? If not, will the issuer permit contact prior to submittal. And if yes, is this person clearly identified? * Is the company now using rfp's for all legal work, or just…
Lime Wire Settles for $105 Million
May 13, 2011
Lime Wire, the defunct file sharing service, has agreed to a $105 million settlement with recording companies over infringement of music copyrights.
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