Bankruptcy Rule 2004
October 02, 2014
Rule 2004 of the Federal Rules of Bankruptcy Procedure (Bankruptcy Rule 2004) is a crucial pre-litigation discovery tool to investigate potential Avoidance Actions ' causes of action under Chapter 5 of the Bankruptcy Code.
Functionality Rulings Are Nothing To Cheer About
October 02, 2014
What do cheerleading uniforms and laminated faux-maple flooring have in common? And what does either one have to do with copyright law? Read on: Both have recently been the subject of dubious rulings about the copyrightability of useful articles that could, if not reversed, further muddy the already murky doctrinal waters the courts have created around this issue.
Availing Yourself of the Series LLC: Benefits and Detriments
October 02, 2014
A "Series LLC" is a form of limited liability company that has been available under the laws of a number of states for almost 18 years. The Series LLC has gone largely unnoticed in both the common business arena and the courts.
<i>Jancik v. Redbox Automated Retail</i>
October 02, 2014
Congress enacted the ADA "to remedy widespread discrimination against disabled individuals." The salutary effect of the ADA cannot be understated. However, many business owners and operators might, at the same time, rightly ask whether there are any limits to the Act's reach.
Control of Common Areas
October 02, 2014
This article presents a brief primer on the current state of the always evolving common law of quiet enjoyment and constructive eviction, and then offers suggested lease language to avoid unnecessary confusion.
Gendered Dress Codes
October 02, 2014
The potential pitfalls for employers with regard to transgender employees are enormous. Most courts that have held that the gender-stereotyping theory of <I>Price Waterhouse v. Hopkins</I> extends Title VII protections to those individuals.
The Appropriate Interest Rate Under ' 506(b)
October 02, 2014
The recent decision rendered by Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York in the Chapter 11 cases of Residential Capital, LLC (ResCap) on the oft-disputed issue of the appropriate interest rate calculation under Section 506(b) of the Bankruptcy Code is discussed.
Online Consumer Privacy
October 02, 2014
Online service providers often collect user data for marketing, which frequently includes sharing the information with third parties. Consumers and web users who find this transmission of data an invasion of privacy can, with the help of the plaintiffs' bar, sue under various privacy statutes for alleged damages arising out of this practice.
Co-tenancies and Mixed-Use Madness
October 02, 2014
There are myriad issues that must be addressed when leasing space within a mixed-use development that differ from the standard issues when leasing space within retail centers such as enclosed mall shopping centers. This article focuses only on one difference.
