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We found 1,181 results for "The Bankruptcy Strategist"...

Seventh Circuit Upholds Secured Creditors' Credit Bid Rights Under Cramdown Plan
August 29, 2011
In a decision of great significance to secured creditors, the United States Court of Appeals for the Seventh Circuit has held that secured creditors have a statutory right to credit bid their debt at an asset sale conducted under a so-called "cramdown" plan.
In re Soho 25 Retail, LLC Benefits Mortgage Lenders in New York
August 29, 2011
The holding in this important case supports the relatively new theory that New York law permits a mortgagor to transfer its entire interest in rents to a mortgagee upon executing the mortgage, such that the transfer will remain effective in the mortgagor's eventual bankruptcy.
Family Lawyers in Trouble; Recent Ethics Decisions
July 27, 2011
The following summary takes a look at various lawyer disciplinary cases decided around the country recently. Many, but not all, of these cases involved domestic relations.
Economic Analysis in ERISA Litigation over Fiduciary Duties
July 25, 2011
Continuation of the in-depth discussion begun last month, with emphasis on Implications of behavioral finance for ERISA litigation.
On the Move
July 24, 2011
Who's going where; who's doing what.
Foreclosure Crisis Presents Challenges for Lenders When Homeowners and Condo Associations Are Involved
July 24, 2011
With foreclosure filings at unprecedented levels, associations are facing high assessment delinquency rates since generally when a homeowner stops paying his or her mortgage, he or she also ceases paying any assessments. A look at recent litigation.
Case Study
July 24, 2011
The story of a textbook recovery in New Jersey.
Court Restricts Bankruptcy Court Jurisdiction in Stern v. Marshall
July 24, 2011
The Supreme Court's 5-to-4 decision in <i>Stern v. Marshall</i> definitively upsets a quarter-century's jurisdiction by bankruptcy courts over a large set of actions.
CMBS Certificate Holders Denied Standing in Innkeepers
June 27, 2011
In one of the first decisions of its kind, the United States Bankruptcy Court for the Southern District of New York, in <i>In re Innkeepers USA Trust, et al.</i>, ruled that a holder of commercial mortgage-backed securities ("CMBS") did not have standing to raise objections as a party-in-interest in a bankruptcy case.
Are Lenders Becoming Less Concerned About Lender Liability?
June 27, 2011
A report on the third annual Deal Makers' Summit, a private event hosted by Chicago law firm Levenfeld Pearlstein LLC, and the boutique special situations advisory group, Fuel Break Capital Partners, Weston, CT.

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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