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Debtor's Power to Reject Executory Contract Trumps Counter-Party Debtor's Power to Assume Same Agreement
July 01, 2016
Among the various rights and protections afforded by the Bankruptcy Code to a debtor-in-possession, one of the most potent is the debtor's broad authority to assume or reject existing executory contracts and unexpired leases. Indeed, this power is one of the most useful tools available to a debtor, and in certain cases, it can be a major or even a primary reason for the bankruptcy filing.
The Tyson Foods Ruling
July 01, 2016
The Supreme Court's recent decision in <I>Bouaphakeo v. Tyson Foods</I> provided useful guidance for class-action litigants regarding the proper use of representative evidence ' i.e. , that which requires the trier of fact to draw conclusions about one subset of the class, or even an individual putative class member, based on an analysis of a different part of the class.
International Cybersecurity Compliance Concerns
July 01, 2016
Social media has made even the most mundane and possibly personal pieces of data available to many with a press of a finger. Such an open relinquishment of private information is almost assumed, and has become part of the American culture. Those who think about how easy it is to access data understand how their own data has become part of the searchable cyberspace.
<i>Kirtsaeng</i> Clarifies Attorney's Fees Standard In Copyright Cases, Injects More Uncertainty Into Availability of Fee Awards
July 01, 2016
Issuing its second decision in Supap Kirtsaeng's long-standing dispute with John Wiley &amp; Sons ' and its first copyright decision in nearly two years ' the SCOTUS recently clarified the applicable standard for evaluating the appropriateness of an attorney's fee award under Section 505 of the Copyright Act, holding that a district court should give substantial weight to the objective reasonableness of the losing party's position, while also taking into consideration all other circumstances relevant to the attorney's fees inquiry.
Investing in Renewable Energy Projects
July 01, 2016
The prolonged wait for the extension of the renewable energy tax credits throughout 2015 may have somewhat dimmed investor interest for backing renewable energy projects through the monetization of the tax credits.
Under the Radar Industries Prime for Cyber Hackers
July 01, 2016
It is no surprise to anyone that certain industries are more of a target for cyber criminals than others, although today all businesses are likely on the radar. The financial institutions and large retailers usually get most of the attention. However, four industries are high-value targets, and lag behind the preparation curve: hospitality, healthcare, higher education and legal.
Debtor's Power to Reject Executory Contract Trumps Counter-Party Debtor's Power to Assume Same Agreement
July 01, 2016
The expansive ability granted to debtors to assume or reject existing executory contracts is premised on the policy that debtors should have the ability to abandon burdensome obligations while retaining favorable ones ' all with the overriding goal of rehabilitation in mind. A look at the Noranda Bankruptcy.
Additional Insured Form Undergoes Change
July 01, 2016
Transactional attorneys involved in negotiating commercial leases, construction contracts, or any contract in which one party requires the other party to provide insurance against personal injury or property damage should have a good understanding of the new "additional insured" form endorsement to a Commercial General Liability (CGL) insurance policy.
<b><i>Legal Tech: Case Study</b></i> Jackson Walker Forges Ahead in an Ambitious Quest to Permanently Replace the Paper File
July 01, 2016
It was just five years ago when our managing partner, Wade Cooper, shared his long-term vision for Jackson Walker's file management strategy. He challenged us to stop talking about going paperless and actually do something about it.
Should Bankruptcy Professionals Be Compensated for Defending Their Fee Applications?
July 01, 2016
The ability of bankruptcy estate professionals to obtain payment for defending their fee applications has been severely curtailed with the United States Supreme Court's decision of <I>Baker Botts L.L.P. v. ASARCO LLC.</I> But such a limitation is inappropriate.

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