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Landmines In Bankruptcy Appellate Practice, Part III
Congress limited the jurisdiction of appellate courts in the plain language of the Judicial Code, saving appellate courts from unnecessary work: "The district courts [or any bankruptcy appellate court] … shall have jurisdiction to hear appeals (1) from final judgments… and (3) with leave of the court from other interlocutory orders …. The courts of appeals shall have jurisdiction of appeals from all final decisions, judgments …." 28 U.S.C. §§158(a), 158(d)(1) (emphasis added). When courts have made important exceptions in the past year, as shown here, they have either added a gloss on the Judicial Code, corrected lawyers' errors, filled in statutory gaps, or clarified the relevant statutory language.
Maxim Six: Appellate Courts Have Limited Jurisdiction
Court of Appeals Must Hear Merits of Appeal
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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?