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Congress' Failure to Extend Subchapter V Debt Limit Hurts Small Businesses
October 01, 2024
Where it applies, Subchapter V has been a great success. But, much of that success was due to a temporary change to the law that allowed more companies to qualify for Subchapter V treatment. That change has now expired, taking with it the only viable avenue for many businesses to reorganize.
The Rise of the Self-Service Buyer
October 01, 2024
The self-service buyer is a relatively new concept in B2B professional services. These buyers prefer to gather information, research, and make decisions independently before ever engaging with a service provider. This shift is revolutionary in an industry like legal services, where trust and personal relationships have traditionally driven business development.
No Matter Who Wins the Presidential Election, Changes In Corporate Regulation Await
October 01, 2024
While the focus is on the electoral horse race, what people should be focused on is the next presidential administration's policies, and especially those policies respecting the administrative state.
PA Court Rules that Landlord Can Only Recover Damages for Unpaid Rent Through Date of Repossession
October 01, 2024
A recent Pennsylvania Superior Court opinion held that a commercial tenant was evicted from the leased premises rather than abandoning it and that, accordingly, the landlord could only recover damages for unpaid rent through the date when the landlord recovered possession of the leased premises, denying the landlord's claim for additional rent for the remainder of the lease term.
How to Check a Privately-Held Company's Creditworthiness
October 01, 2024
How do you check on a company's creditworthiness when the company is privately held and does not make its financial statements publicly available? The answer is that you need to check alternative sources of information for hints as to whether the company is experiencing problems. This article provides some questions to ask to help recognize the warning signs in the answers.
Copyright Suit Over Miley Cyrus' Hit 'Flowers' Tests Copyright Defenses for "Response" Songs
October 01, 2024
The suit raises the issue of whether "response" songs can have legal protection from copyright owners of the song that generated the response composition.
The Seventh Circuit's Decision In 'Motorola v. Hytera': Examining the Extraterritoriality of the DTSA
October 01, 2024
Can a company's trade secrets misused abroad give recourse on the extraterritoriality of the Defend Trade Secrets Act? Yes, said the 7th Circuit in an important new case which provides a roadmap for future cases involving international trade secret theft, finding liability for foreign misappropriation triggered by a domestic act.
Fifth Circuit: Subchapter V Corporate Debtors Are Subject to Discharge Exceptions
October 01, 2024
In the case of Avion Funding v. GFS Industries, the Fifth Circuit held that corporate debtors that elect to proceed under Subchapter V of Chapter 11 are, pursuant to Section 1192 of the Bankruptcy Code, subject to the discharge exceptions set forth in Section 523 of the Bankruptcy Code.
How to Help Lawyers Embrace a Sales Mindset
October 01, 2024
The idea that lawyers and firms don't — or shouldn't — "sell" to clients and prospects remains widespread. It's time we change this perspective. It's neither practical nor sustainable in a legal services marketplace, where competition to keep clients and attract new ones is intense and the ability to stand out from the crowd is increasingly challenging for both lawyers and firms. It's also not what clients want or what serves them best in the long run.
Don't Sleep On Prohibitions on the Assignability of Leases
October 01, 2024
Attorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.

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