Real Property Sale Proceeds Must Be Used to Pay Unavoided Portion of IRS Tax Lien First
February 01, 2025
Given the downward pressure on commercial real estate valuations in many areas, and the increasing likelihood that owners of real property will cease paying real property taxes when there is no longer any equity, this article reports on a recent Ninth Circuit decision that reversed a decision of the bankruptcy court, affirmed by the district court, allocating the distribution of the proceeds of a sale of real property pro rata between the Internal Revenue Service on account of its tax lien, and the bankruptcy estate.
Bankruptcy Code Can Present Significant Risks to Lenders
February 01, 2025
This article discusses two situations where a lender received payments and later was forced to disgorge them. These opinions illustrate two of the ways the bankruptcy code can present significant risks to lenders even after the lender receives payments in accordance with loan agreements or even a court order.
Landlord & Tenant Law
February 01, 2025
Yellowstone Injunction Denied Because Failure to Procure Insurance Is an Incurable DefaultLandlord Bound By Agreement Setting Market Rent At Pandemic Levels
Mitigating AI Risk In Light of Increasing Regulatory and Shareholder Scrutiny
February 01, 2025
Driven by promises of increased efficiency and innovation, companies spanning a wide variety of industries are rapidly adopting and investing in artificial intelligence (AI). The explosion of interest in AI has also spurred the attention of the SEC and private shareholder plaintiffs. Companies should continue to closely consider their public statements related to AI and implement appropriate precautions when discussing their AI initiatives.
Berry Bad Outcomes: Millions at Stake for Dewberry Group, Inc.
February 01, 2025
Last June, the U.S. Supreme Court granted certiorari to decide a $43 million suit between two real estate developers over the name “Dewberry.” The crux of the case once it reached SCOTUS is the extent to which courts can award the profits, not of the named defendant, but of the defendant’s affiliate for trademark infringement.
Best Practices for AI Compliance and Security
February 01, 2025
Creating new forms of artificial intelligence may be a great leap forward, but controlling them can be a stumbling block for businesses and government agencies alike.