The Expansive Equitable Powers of Bankruptcy Courts Under Section 510(C)
August 31, 2025
In a recent decision, the U.S. Bankruptcy Court for the District of New Jersey subordinated a 502(h) claim to prevent the claimant from being paid in full prior to investors defrauded by the debtors’ pre-petition operation of a Ponzi scheme. In its decision, the court maintained that the equitable powers of bankruptcy courts were sufficiently broad to subordinate a claim on equitable grounds under Section 510(c) and that there is nothing in the Bankruptcy Code that prevents a court from so doing.
IP News
August 31, 2025
Federal Circuit: Board Erred in Finding No Likelihood of Confusion Between KIST and SUNKIST MarksFederal Circuit: No Jurisdiction Where Petitioner Offers a Non-Patent Law Related Ground for Relief
Legal Teams Are Leaving Critical Mobile Evidence on the Table
August 31, 2025
One of the most revealing contradictions in today’s legal landscape is hiding in plain sight. Mobile data now plays a role in more than 75% of e-discovery matters, yet fewer than half of legal teams say they see it in even half of their cases. In an era of encrypted messaging, BYOD policies, and dispersed workforces, this isn’t just an oversight, it’s a liability.
Real Property Law
August 31, 2025
Adverse Possession Claim UpheldIntent to Abandon Easement Not EstablishedDeed Validity Upheld Despite Absence of Delivery to One Co-Tenant
Players On the Move
August 31, 2025
A look at moves among attorneys, law firms, companies and other players in entertainment law.
District Judge Has Had Enough of Schedule A Infringement Litigation Tactic
August 31, 2025
After putting a months-long pause on all of his active Schedule A cases, Judge John Kness in the U.S. District Court for the Northern District of Illinois issued a scathing opinion calling out the practice and urging his fellow jurists to reassess their approach to the litigation strategy.
Eleventh Circuit: The Automatic Stay Can Be Lost Through a Debtor’s Misconduct
August 31, 2025
In a recent U.S. Court of Appeals for the Eleventh Circuit case, the court considered whether a bankruptcy court had the authority to retroactively annul the automatic stay under circumstances where the debtor affirmatively participated in an arbitration but subsequently argued that enforcement of the arbitration award against him should be subject to the automatic stay when he did not like the outcome.