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Landmines In Bankruptcy Practice, Part II
This is the second article in a series describing the current bankruptcy appeals boom (see Part One here). Deadlines, leave to appeal and direct appeals are the subject. By enforcing deadlines strictly, refusing to hear appeals from interlocutory orders, and rarely bypassing the district court for direct appeals, appellate courts have generally avoided what they view as unnecessary work and delay. But a few courts have made important exceptions in the past year, as shown here. These courts have supplemented any gaps in the current Judicial Code and applicable rules. In later articles, we will discuss recent decisions covering appeals from fee awards, the finality doctrine, appellate jurisdiction, and appeals from arbitration awards.
Maxim 3: Deadlines Matter
Late Filing of Notice of Appeal
The Fifth Circuit affirmed the denial of a party's motion for an extension of time to file his notice of appeal, explaining that the party had "not shown that his notice of appeal reached the clerk before the deadline." In re Porter Development Partners, LLC, 2023 WL 7381439 (5th Cir. Nov. 7, 2023). The court had previously dismissed the party's earlier appeal from a grant of summary judgment against him because of a "late filing." Id. at *1. On this appeal, the party argued "that his notice of appeal of the summary judgment order arrived before the filing deadline, but the clerk could not find it for several days, and thus he should not be penalized for the late filing."
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Major Differences In UK, U.S. Copyright Laws
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.
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.
The Article 8 Opt In
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?