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Second Circuit Reverses District Court in <i>Marblegate</i>, Making It Easier to Restructure Bonds Outside of a Chapter 11 Case
March 01, 2017
On Jan. 17, 2017, in a closely watched dispute, the Second Circuit issued its long-anticipated decision in <i>Marblegate Asset Management, LLC v. Education Management Finance Corp.</i>, construing Section 316(b) narrowly, holding that it only prohibits "non-consensual amendments to an indenture's core payment terms" and does not protect noteholders' practical ability to receive payment.
The Intent of Section 546(e)
February 01, 2017
<b><i>Will Reversing a Transaction 'Seriously Upset The Securities Market' Ability to Function'?</b></i><p>On Dec. 1, 2016, Bankruptcy Judge Michael J. Kaplan, held that when a private company repurchases stock from a shareholder, and the payments were made "by" the company "to" the shareholder, through a bank, those payments are not protected by Bankruptcy Code § 546(e)'s safe harbor defense because its application "cannot be permitted to turn upon the use of a bank."
Untangling the Mystery of Cybersecurity Insurance
February 01, 2017
There are more technology options available to protect businesses than ever before, and both the U.S. government and private industry have made great strides in understanding and combating some of the most common cyber threats.
Implementing the Mandates Imposed on Covered Entities By Section 1557 of the ACA
February 01, 2017
Section 1557 of the Affordable Care Act breaks new ground in that it is the first federal civil rights law to ban sex discrimination in health care programs and activities.It imposes requirements on Covered Entities in order to achieve the objectives of the statute. This article discusses those obligations and the consequences of a Covered Entity's failure to fulfill those mandates.
Implications of U.S. Supreme Court Justices' Comments During 'Slants' Trademark Dispute Oral Arguments
February 01, 2017
Nearly 70 years after it became law, the U.S. Supreme Court heard arguments in January on whether §2(a) of the Lanham Act violates the First Amendment. The case, <i>Lee v. Tam,</i> focuses on the provision that forbids registration of trademarks that "disparage" people, institutions, beliefs or national symbols.
The Constitutionality of Using Cell-Site Simulators
February 01, 2017
According to the Department of Justice Policy Guidance: Use of Cell-Site Simulator Technology (Sept. 3, 2015), a cell-site simulator “function[s] by…
Criminal Immigration Enforcement vs. Employers: Will It Be the New Normal?
February 01, 2017
Increased enforcement of the immigration laws that impact on the hiring of employees is on the horizon.
Vaccine Injuries and the Statute of Limitations
February 01, 2017
It is imperative for all attorneys to understand that there is an available recourse for those injured by certain vaccines. Attorneys also need to make themselves aware of the applicable statute of limitations for these causes of action because assumptions about a "discovery rule" or minor's tolling statute can expose a lawyer to a legal malpractice suit.
Untangling the Mystery of Cybersecurity Insurance
February 01, 2017
There are more technology options available to protect businesses than ever before, and both the U.S. government and private industry have made great strides in understanding and combating some of the most common cyber threats.
Tax Foreclosures: Notice to Mortgagees
February 01, 2017
Tax foreclosures implicate not only the interest of the delinquent fee owner, but also the interest of the holder of a mortgage on the fee interest. What happens when the mortgagee does not know about the tax delinquency, the tax foreclosure, or the expiration of the right to redeem the property?

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