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Navigating the SARE Runway: A Secured Creditor’s Perspective
October 31, 2025
Many single asset real estate (SARE) bankruptcies will check some or all of the boxes for a bad faith filing. The timing of a SARE filing commonly suggests an intent to delay, as SARE filings are generally a last resort to stay foreclosure. Nevertheless, courts may be reluctant to dispose of these cases as bad faith filings, absent particularly egregious circumstances evidencing patent abuse of the bankruptcy process.
State Legislatures Take on FARA with New FARA-Style Bills
October 31, 2025
This year has seen a wave of proposed bills in state legislatures across the United States aimed at regulating foreign-influenced political activity at the state level. While stylized to mirror portions of the Foreign Agents Registration Act (FARA), in reality, many of these laws are broader than FARA and lack the core exemptions that companies may have grown accustomed to relying upon.
Leading with Confidence In Times of Uncertainty
October 31, 2025
As I reflect on our Women, Influence & Power in Law (WIPL) conference, one of the most powerful takeaways was the importance of leading with confidence in times of uncertainty.
The Shortcomings of the Copyright Office’s Guidance for AI-Assisted Works
October 31, 2025
AI-assisted artwork poses a simple question: When can an artist using AI tools copyright their work? Early this year, the Copyright Office addressed this issue and rejected the proposition that only prompting an AI model can create a copyrightable work. But their analysis missed that “randomness” for a computer means something entirely different than we generally think, ultimately underselling the amount of control someone can have over the model’s output.
Charitable Giving Under The OBBBA: Strategic Tax Planning for High-Net-Worth Individuals
October 31, 2025
The One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, introduces sweeping reforms to the tax treatment of charitable contributions. For high-net-worth individuals (HNWIs), these changes present both strategic opportunities and new limitations that warrant careful planning to preserve philanthropic impact and optimize tax outcomes.
Landlord & Tenant Law
October 31, 2025
Ejectment Action Requires Six Months’ Notice Even Though Tenancy Was Month-to-MonthLandlord Claims for Lease Violation Not Barred By Prior Holdover Proceeding In Civil CourtFailure to Submit Evidence That Landlord Served Notice Precludes Summary Judgment On Ejectment ClaimLandlord Failed to Establish That Overcharge Was Not WillfulTenant Adequately Alleged That Rent Concessions Were Preferential Rents
POINT: Your Tradeshow IP Protection Playbook Part 1: What Can You Do If Your Competitor Is Using Your IP At a Tradeshow?
October 31, 2025
The stress of IP infringement matters resides on both sides of the fence: whether you find a competitor infringing upon your ideas, or your company finds itself being accused of doing the infringing. In this Point/Counterpoint series of articles, we outline the appropriate steps to take if you spot your innovation in your competitor’s booth across the hall. This article’s focus — Point: What can you do if your competitor is using your IP at a tradeshow?
District Court Overturns Bankruptcy Court, Rejects Exclusive Rights Offering in Favor of ‘Market Test’ and ‘Equal Treatment’
October 31, 2025
So-called “creditor on creditor violence” resulting from liability management exercises (LME) can take different forms. In some aggressive cases, certain lenders are given the opportunity to finance the borrower and gain extra value or better their positions in a restructuring, while other similar lenders are left out.
From First Impression to Lasting Reputation: The Case for Etiquette Training In Your Law Firm
October 31, 2025
The mandatory work-from-home period, followed by hybrid schedules, has caused many professionals to lose sight of common courtesies and the fundamental standards of good etiquette that once guided workplace interactions. I encourage you to take a close look around your firm — observe how partners, associates, and staff communicate with one another. What you see and hear may confirm the need to intentionally rebuild a culture of respect and professionalism. Here is a list to help with your observations.
Making the Case for ‘Time Is of the Essence’ Closings
October 31, 2025
The circumstances attending each purchaser’s or seller’s failure to close on the Time Is of the Essence closing date is always unique, and this has resulted in an innumerable variety of judicial decisions applied to ever-changing real estate scenarios.

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