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SCOTUS Looks for Remedy to Its Bankruptcy Fee Congressional Overstep Ruling
February 01, 2024
The U.S. Supreme Court on January 9 debated the proper remedy for its 2022 ruling that Congress violated the Constitution when it imposed steep bankruptcy fee hikes on large debtors in some districts but not others.
SEC Chief Warns Against 'AI Washing'
February 01, 2024
Artificial intelligence could drive greater efficiency and lower costs in the finance sector but U.S. Securities and Exchange Commission Chair Gary Gensler warned last month about companies potentially making false claims about using the technology, a nefarious practice known as "AI washing."
Fresh Filings
February 01, 2024
Notable court filings in entertainment law.
Pace of Law Firm Leasing Picked Up At End of 2023, But Many Firms Shed Space
February 01, 2024
As Big Law firms push a return to the office, law firms continue downsizing their physical footprints, in line with a trend of fitting lawyers and staff into less space.
Mitigating the Potential Consequences of Partnership Audit Changes
February 01, 2024
Partnership audit changes present increased exposure to partnerships and their partners, and future legislation may curtail much of the flexibility associated with partnerships.
Top Bankruptcy Partners Rates Are Climbing
February 01, 2024
The trend of above-average rate increases began during the pandemic.
Players on the Move
February 01, 2024
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Innovative Development Opportunities Abound In Philadelphia Commercial Land Condominiums
February 01, 2024
While the appetite for building new vertical residential condominium buildings in Philadelphia has slowed since the onset of the pandemic, many commercial developers are now considering early on whether applying a land condominium regime makes sense for integrated development projects.
SCOTUS Seeks to Provide Clarity Over Investor Suits
February 01, 2024
In a case that could either stem or unleash a tide of investor lawsuits, the Supreme Court searched for a narrow way to rule that might still be of some value to the securities bar.
The EU AI Act Will Transform Practices for AI Governance In the U.S.
January 01, 2024
The EU AI Act solidifies one of the world's first comprehensive attempts to bring governance to unlock innovation in AI. U.S. companies have asked, what exactly does this development mean for their businesses?

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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There 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.
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  • Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
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  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
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