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Corporate bankruptcy is an area that is often feared and misunderstood by those who believe that bankruptcy will be the end of their business. In reality, most businesses operate with limited difficulty in Chapter 11. Moreover, a well-planned corporate bankruptcy can solve a number of problems for companies or their subsidiaries facing distress, and is preferable to an uncontrolled liquidity or other business crisis. Labor issues, landlord/tenant disputes and vendor relationship questions can all be satisfactorily addressed within the context of a Chapter 11 filing. Bankruptcy can also be used as an effective tool by companies seeking to acquire businesses. This article dispels various misconceptions about corporate bankruptcy that can impact a company's rights and interests during a bankruptcy proceeding.
Myth 1. A Company in Bankruptcy Can No Longer Obtain Credit and Will Be Placed On COD By All of Its Suppliers
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.