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A Cautionary Tale for Lender Overreaching into Bankruptcy Remoteness

In re Lexington Hospitality Group, LLCBankruptcy remote structures are often used to protect against the impact of default under a credit facility. A common mechanism is organizational documents requiring an outside director or member's vote to authorize a bankruptcy filing. However, the United States Bankruptcy Court for the Eastern District of Kentucky found that such a requirement implemented at the behest of a lender, among other bankruptcy restrictions, and where there was not true independence frustrated the important federal public policy of favoring fresh starts in bankruptcy.

Corporate Counsel Are Tackling Their Data Risk All at Once: Can They Do It?

A new BDO study finds a lack of priorities in data-related spending could, eventually, leave companies overstretched.

Legal Tech: Four Lessons Learned from Exterro's 4th Annual Federal Judges Survey

For the fourth time, Exterro has conducted an in-depth survey of federal judges in order to understand better how they see e-discovery law and practice changing.

IP News

Claim Preclusion Requires Analysis that Claims in Newly Asserted Patents are Patently Indistinct from Claims in Previously Adjudicated Patents Claim Elements Taught by Prior Art for Purposes of Novelty and Obviousness are not Necessarily 'Well-Understood, Routine, and Conventional' Under §101

Hotline

Arkansas State Senator Pleads Guilty to Fraud and Money Laundering

On the Move

Movers and shakers in bankruptcy law.

Landlord & Tenant

Denial of Remaining Family Member Status Upheld Occupant Entitled to Succession Rights to Stabilized Apartment Even If Named Tenant Continued to Sign Leases After Moving Out Tenant Entitled to Succession Rights to Rent-Controlled Apartment Landlord Did Not Establish Use of Apartment to Facilitate Drug Trading 421-G Buildings Subject to Luxury Deregulation Incarcerated Son Note Entitled to Succession Rights

Bit Parts

Essence of the Ninth Circuit's Decision in the “Blurred Lines” Copyright Infringement Case Trademark Cancellation Claim Can't Proceed Against Marilyn Monroe Brand Manager

Case Notes

Suit in Second Jurisdiction Is Duplicative Mailing Rent Check While Doing Unauthorized Acts Is Not Mail Fraud

'Sales Speak:' Savvy Salesmanship is a Hallmark of Successful Business Development

At its core, business development is about making authentic connections that grow into meaningful relationships. Rainmakers recognize that principle and apply an array of techniques to fuel their careers.

MOST POPULAR STORIES

Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front Lines
Although pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions.
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The Cold War Between NCAA And States Over Athletes' NILs
Over the past four years, the NCAA aggressively lobbied Congress to pass a uniform NIL standard. Roughly a dozen bills have been sponsored by Democrats and Republicans alike, though none has ever advanced to a vote. Consequently, it appears increasingly likely that the courts will be called upon once again to intervene.
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When Is a Promise Enough?: Contractual Duties and Insider Trading
Two criminal appeals before the Second Circuit require the Court of Appeals to decide whether the violation of a fiduciary relationship is required to create insider trading liability or if a breach of contract is sufficient.
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