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Fifth Circuit Adds Color to Abstention Issue
March 01, 2023
Rules Bankruptcy Court Lacked Jurisdiction to Decide State-Governed Question Jurisdictional boundaries within the federal system as between bankruptcy and district courts as well as various federal agencies can be a maze that is at times nearly impossible to navigate. Further complicating matters are those cases involving state-regulated issues that add abstention to the mix.
Bit Parts
March 01, 2023
Sixth Circuit Affirms Late Don Everly's Sole Authorship Right to Everly Brothers' 1960 Hit "Cathy's Clown"
Landlord & Tenant Law
March 01, 2023
Issues of Fact Preclude Summary Judgment on Habitability Claim
Music Rates and Royalties In 2023
March 01, 2023
Part One of a Two Part Article A look at the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.
The Impact of Fed Rate Hikes on CRE Financing
March 01, 2023
When experiencing pain, the natural human response is to ask when it might stop. That is what commercial real estate, among other industries, have been doing. When will inflation end and the Federal Reserve stop hiking rates?
Circuit Split Reflects Disagreement About the Relationship Between Scheme Liability and SEC Rule 10b-5(b)
March 01, 2023
Historically, federal courts generally agreed that scheme liability under SEC Rule 10b-5(a) and (c) requires something more than a misstatement or omission — with misstatements and omissions typically being litigated under Rule 10b-5(b) instead. However, the SCOTUS in Lorenzo v. SEC held that an individual who disseminates a misstatement, without other fraudulent conduct, is potentially liable under the scheme liability provisions of Rule 10b-5. Subsequently, a circuit split has emerged over the scope of Lorenzo's holding.
Despite Aggressive Rate Increases from Law Firms, Clients Have Room to Negotiate
March 01, 2023
Rate increases across the legal industry haven't been as big as the conventional wisdom implies, and clients have more room to negotiate than they probably realize.
Marketing Tech: Legal Ops Success In an Uncertain Economy
March 01, 2023
Ari Kaplan speaks to leaders in legal ops on key themes emerged that are likely to drive new initiatives in 2023.
Rights of Tenant to Security Deposit When Landlord Files for Bankruptcy
March 01, 2023
As we debate whether there will be a "soft" or "hard" landing of the economy and the resulting effect of different landings on the volume of bankruptcy filings, it is helpful to review how a bankruptcy filing affects not only rights between a creditor and the debtor, but also the respective rights of creditors against property held by the debtor.
Embedded Finance Is Changing the Business of Law
March 01, 2023
A revolution is underway in small and medium-sized businesses (SMB) banking and payments and will impact the way legal, accounting and other professional services firms manage their finances.

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