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Acquisition of Claims for Plan Control
The United States Court of Appeals for the Ninth Circuit recently provided additional guidance to creditors seeking to block confirmation of a plan by…
Cooperatives & Condominiums
Assignment of Right to Purchase Held Not Fraudulent
Disney Claims over Party Characters Partially Dismissed
Disney Enterprises has been handed a setback in an ill-conceived lawsuit: Going after people who dress up as Disney-owned characters like Elsa from <i>Frozen</i> or Chewbacca from <i>Star Wars</i> to perform at children's birthday parties.
Law Firm Leadership: What is Legal Design Thinking?
While Design Thinking — a creative process for innovation — has become a staple topic in MBA programs and tech companies, it is just now showing up in law practice management circles.
What Is Legal Design Thinking?
Design Thinking — a creative process for innovation — has become a staple topic in MBA programs and tech companies, it is just now showing up in law practice management circles.
'Secured Lender's Corner:' Protecting the Secured Lender Before a Mortgagor or Lessee Files Bankruptcy
It is important for a secured lender to protect itself when entering a transaction with a borrower or lessee to avoid a total loss if the borrower or lessee files a bankruptcy petition or if the leased equipment is damaged, missing or both.
Opportunity Zones and Commercial Real Estate
One of the many provisions of last year's tax overhaul was the creation of a little-noticed program called Opportunity Zones, which was designed to give investors tax breaks for investments in designated areas. Now, attention is starting to pick up as the program takes shape.
The Price to Pay for De Novo Review of PTO Decisions
<b><i>NantKwest v Iancu</b></i><p>The Federal Circuit sitting <i>en banc</i> reversed its own prior ruling and held that “all expenses of the proceeding” does not include attorneys' fees.
Real Property Law
Temple Awarded Specific Performance of Agreement to Reconvey<br>Inadequacy of Sale Price Insufficient to Set Aside Foreclosure Sale<br>Questions of Fact About Purchaser's Ability to Perform<br>Knowledge of True Owner's Claim Does Not Defeat Adverse Possession Defense<br>Contract Vendee Entitled to Specific Performance<br>Land Seller Did Not Violate General Business Law Section 349<br>Statute of Limitations Bars Foreclosure Claim
Swiss Bank Pays for Helping U.S. Clients Evade Taxes
Here's a sure way to lose half your cooperation credit in a federal investigation: Let your in-house counsel advise employees not to cooperate with U.S. prosecutors.

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  • 'Customary Operations' or A Vacant Building?
    Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'
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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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  • The Availability of Self-Help Evictions to Commercial Landlords
    A landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.
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