Avoiding Double-Dipping: U.S. Trustee Fees and Creditor Trusts
September 01, 2024
The U.S. Trustee has recently taken the position that GUC Trusts (disbursements made by creditor trusts formed under bankruptcy plans) should be required to pay fees on account of their own disbursements to creditors. The outcomes in three recent bankruptcy cases highlight different approaches to addressing the U.S. Trustee's argument: closing bankruptcy cases early, deferring the issue to a later date, or focusing on the distinction between contingent and non-contingent assets.
When Your Firm Gets Bought Out, Remember That You Are An Asset
September 01, 2024
Career moves are big decisions. They are best not rushed. You are an asset. The acquiring firm made their move because they wanted to bring you and your peers into the organization. Give them a chance to make this worthwhile for everyone concerned.
Development
September 01, 2024
City Took Hard Look At Environmental Factors Without Requiring Environmental Impact Statement On Impact of Climate Change
Area Variance Grant Upheld for Construction of Fence
Landowner Did Not Establish Pre-Existing Nonconforming Use
A Roadmap for a Curated Career
September 01, 2024
A curated career is not a happy accident or a lucky break — it's the result of deliberate actions and choices that align with one's personal values.
Federal Circuit Decision Clarifies Obviousness-Type Double Patenting and Patent Term Adjustments In Allergan v. MSN Laboratories
September 01, 2024
On August 13, the Federal Circuit issued a precedential ruling that reversed the District of Delaware's application of the Federal Circuit precedent in In re: Cellect to invalidate a claim in an earlier-filed parent application over admittedly patentably indistinct claims in later-filed (and earlier-expired) child patents. This decision has resolved some substantial questions about the application of obviousness-type double patenting that had been raised by last year's In re Cellect decision.
Hold On, I'm Suing: Artists' Protests over the Trump Campaign's Use of Their Music and What Some Courts Have Ruled in Similar Instances
September 01, 2024
When artists take action over political-campaign settings, it's usually in the form of a cease-and-desist letter sent to a candidate's representatives. In some instances, artists file lawsuits, but to date there's been just a smattering of notable court decisions. This article provides a refresher on these rulings as well as a look at the recent lawsuit by the estate of Isaac Hayes over the Trump campaign's use of the classic soul song "Hold On, I'm Coming."
Mediation of Commercial Lease Disputes: A Collaborative Approach to Resolving Disputes
September 01, 2024
In the view of many experienced practitioners, arbitration has morphed into a time-consuming process, often as expensive as litigation and has other shortcomings such as the non-appealability of the arbitrator's decision. Not so mediation which may be a materially better form of ADR.
The Fourth Amendment and ESI
September 01, 2024
Courts have long acknowledged that searches of computers and other mediums storing electronic information (ESI) often involve a degree of intrusiveness much greater in quantity and in kind from searches of other containers. This article reviews some recent case law that spotlights this ever developing area of the law.
Precautions Defense Counsel Should Consider In Making Attorney Proffers
September 01, 2024
For good reason, ordinarily courts are reluctant to admit statements of counsel as evidence in a criminal trial. Rulings in two recent high-profile local cases defy the common wisdom.
Creating a Roadmap for a Curated Career
September 01, 2024
A curated career involves deep reflection, intentional thought, and a vastly different set of questions than we currently ask ourselves in law school about how to choose a job. It is not a happy accident or a lucky break — it's the result of deliberate actions and choices that align with one's personal values.
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