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Data analytics, the same data mining and interpretive analysis used for decades in other professions, is bringing change to the core business side of the legal profession.

At the Intersection: Notes on the New Year

By this time next year, legal service delivery will have become less firm-driven, more client-driven, more collaborative and more complicated.

Transfer Tax Implications on Real Property Leases

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.

Understanding Reciprocal Easement Agreements

Typically, reciprocal easement agreements (REAs) are used when a property is owned by more than one person or entity, and the persons or entities wish to develop the property as an integrated shopping center. Without an REA, the developer or the major retailer could build whatever and whenever it wishes and could conceivably prevent the other party from using its parcel for parking, access or utility lines.

In the Spotlight: Square Footage in Leasing Transactions

Square footage is an important concept in leasing because, more often than not, the agreed-upon amount of square footagewill dictate the economic terms of the deal.

Acceleration of Rents

This article highlights some recent court decisions acceleration of rents, and offers some suggestions for reasonable middle ground positions that should survive scrutiny.

Concurrent Rights Offerings by Chapter 11 Debtors

Continuing the discussion of how Eastman Kodak Company conducted the first-ever parallel rights offerings in connection with its Chapter 11 plan of reorganization.

A Tale of Two Asset Sales

An example in which a Chapter 7 trustee, in separating the measure of "highest price" from "best outcome," unlocked significant value for all stakeholders.

Is a Foreign Debtor with No Assets in the U.S. Eligible for Chapter 15 Relief?

This article sets forth the statutory provisions that led to the differing results in two cases,and then explores the reasoning of the two opinions.

Verdicts

Rulings of interest and importance to med mal attorneys.

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The Availability of Self-Help Evictions to Commercial Landlords
A landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of Sale
Explaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.
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Second Circuit Rejects Arbitration of Debtor's Asserted Discharge Violation
A bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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