Does a Roof's Warranty Remain Effective Under Solar Panels?
The growing interest in alternative fuel sources may be a boon for property owners seeking new ways to generate profits and savings. But care should be taken when a roof is the proposed site of a solar-panel installation, whether managed by a property owner or by a lessee.
Discovery Concerns In Blockchain Litigation
The increased use of blockchain technology and cryptocurrencies, which have spread to the entertainment industry, including for royalty revenue determinations, has given rise to a variety of disputes. Substantive issues regarding the offer, sale and trading of digital tokens are coming before the courts, prompting novel discovery questions in these cases.
The Curious Case of Extraterritoriality and Fraudulent Transfer Under the Bankruptcy Code
<i>Courts Are Divided on the Issue of Whether the Fraudulent Transfer Recovery Provision Applies Extraterritorially</i><p>The U.S. Court of Appeals for the Second Circuit recently issued an opinion concluding that trustees can pursue recovery from foreign subsequent transferees who received property in transactions that occurred entirely outside the United States. The opinion reversed two lower court rulings and arguably conflicts with Supreme Court precedent on extraterritoriality of U.S. legislation.
Are Companies Playing It Too Safe With GDPR Breach Reporting?
A new report from the law firm of Pinsent Masons shows that there has been a high level of GDPR "over-reporting" at the U.K.'s Information Commissioner's Office, but organizations who may think they are playing it safe may actually be opening themselves up to further regulatory scrutiny.
Navigating the Attorney-Client Privilege and Work Product Doctrine in Bankruptcy
When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
Carnival Execs May Face Criminal Charges Over Compliance Failures
Once again a company has felt the pain that comes when it is caught violating an agreement with the Department of Justice. After taking a tongue lashing from a federal judge for repeatedly violating the law, Carnival Corp. executives have until autumn to hire a chief compliance officer and begin meaningful compliance reforms at the world's largest cruise line.
Case Notes
Option to Buy Is Exercised, and 'Tenant' Is No Longer a Tenant
