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Challenges in Solar Equipment Finance
November 01, 2016
Growth in solar-generation capacity has not been evenly distributed across the country, however, as some states' policies and laws are solar-friendly, while those in other states pose barriers. One such barrier in many states is the lack of access to financing.<p><b><i>Part One of a Two-Part Article</i></b>
Photo Agency's Suit Against <i>Oh No They Didn't!</i> At Ninth Circuit
November 01, 2016
A photo agency that sued the owner of online tabloid Oh No They Didn't! for copyright infringement is hoping to reverse a ruling that threw out its case, prompting Pinterest and others to weigh in and argue that reviving the case could erode legal protections afforded to Internet service providers.
When a Lessee Files for Bankruptcy
November 01, 2016
A Chapter 11 debtor's motion for an order approving use of Cash Collateral or for Debtor-in-Possession (DIP) Financing usually happens as part of the so-called first-day hearings held within a few days after commencement of the case. The problem for creditors and equipment lessors is that while the debtor may have sent your client a notice of the bankruptcy case, the notice sometimes goes to the payment lock box or to someone who doesn't even know what bankruptcy is, much less that the order being sought is key to your client's future payment.
Post-<i>Yates</i> Privilege Protection for In-House Counsel
November 01, 2016
Attorney-client privilege issues, which can arise during internal investigations, have become even more complicated following the issuance of the Department of Justice's (DOJ) “Yates Memorandum.”
Overtime Pay Morass: FLSA Overhaul to Take Effect on Dec. 1
November 01, 2016
The new DOL regulations that will take effect on Dec. 1, 2016 do not precisely resolve the present overtime eligibility debate; the absence of clarity remains a material issue especially with respect to highly compensated individuals or large groups of employees who are not easily classified.
Partner and Millennial Associates' Performance Expectations
November 01, 2016
As more and more millennials enter the workforce, generational clashes will continue. What can be done to bridge the gap and why should you care?
The Queen Is Dead, Long Live the Queen?
November 01, 2016
The automatic stay of 11 U.S.C. § 362 is one of the most important principles of bankruptcy law. It provides crucial breathing space for the debtor to reorganize or liquidate, and avoids the piecemeal dismemberment of the estate's assets. However, in rare instances, courts have extended stay protection to non-debtors through 11 USC § 105. This is considered extraordinary relief reserved for unusual circumstances, and may be analogized to the inherent power of federal courts under their general equity powers.
Former BET General Counsel Plays Role in Actress's Lawsuit
November 01, 2016
The longtime general counsel of Black Entertainment Television (BET) has a starring role in actress Gabrielle Union's contract case against the network. Union alleges she was duped into working on more episodes of her BET Networks show Being Mary Jane — without a break between seasons four and five to allow her time to continue to pursue her film career between the TV production schedule.
The New FRCP Is Here to Stay
November 01, 2016
As expected, there have been several rulings in 2016 interpreting the FRCP e-discovery amendments which took effect in December of last year. This article looks at three cases from the first half of 2016 that highlight the ways in which the new amendments converge with the rising need to preserve new data types, as well as how new e-discovery technology can leverage the new rules to a legal team's advantage.
Additional-Rent Reconciliation
November 01, 2016
Issues can arise in the context of additional rent reconciliations that occur pursuant to the provisions of a commercial lease. We examine herein specific concerns from both landlord and tenant perspectives relating to over- and under-payments of rent, improper charges, supporting documentation and auditing procedures, as well as potential bars to claiming recoveries.<p><b><i>Part One of a Two-Part Article</b></i>

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