Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Features

Court Rules Mere Conduit Defense Not Suitable for a Motion to Dismiss Image

Court Rules Mere Conduit Defense Not Suitable for a Motion to Dismiss

Daniel A. Lowenthal

At the motion to dismiss stage, courts usually won't consider affirmative defenses. This issue arose recently in a preferential transfer case, where a defendant sought to dismiss a complaint by arguing it was a mere conduit, not an initial transferee.

Features

Second Circuit Erects Barriers to Due Process When Challenging Permit Denials Image

Second Circuit Erects Barriers to Due Process When Challenging Permit Denials

Stewart E. Sterk

Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.

Features

What Is Property for Due Process Purposes? Image

What Is Property for Due Process Purposes?

Stewart E. Sterk

Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.

Features

Bankruptcy Court Says Bankruptcy Case Is 'Filed' When Uploaded, Not Stamped Image

Bankruptcy Court Says Bankruptcy Case Is 'Filed' When Uploaded, Not Stamped

Lawrence J. Kotler & Drew S. McGehrin

The U.S. Bankruptcy Court for the Southern District of New York summed up the importance of the determination as to when a bankruptcy case is actually filed of record, thereby triggering the imposition of the automatic stay and found that the "upload" time of a bankruptcy filing — and not the time physically "stamped" on a bankruptcy petition — determines when a case is commenced. In doing so, the Bankruptcy Court offered direction and guidelines that debtors and creditors will be well advised to observe in future cases.

Features

AI-Generated Content, Deepfakes and New Data Push the Limits of Civil Procedure Image

AI-Generated Content, Deepfakes and New Data Push the Limits of Civil Procedure

Jerry Bui

How will traditional tools and techniques need to adapt to handle new data challenges that have never been encountered by digital forensics specialists or lawyers?

Features

Ninth Circuit Bankruptcy Panel Holds Lack of Timely Objection Bars Objection to Homestead Value Exemption Image

Ninth Circuit Bankruptcy Panel Holds Lack of Timely Objection Bars Objection to Homestead Value Exemption

Lawrence J. Kotler & Geoffrey A. Heaton

In In re Masingale, the U.S. Bankruptcy Appellate Panel for the Ninth Circuit held that in the absence of a timely objection, debtors who claimed a homestead exemption of "100% of FMV" in their residence had a valid exemption claim for the full fair market value of the property.

Features

With Federal Bankruptcy Courts Unavailable, Marijuana Businesses Turn to State Options Image

With Federal Bankruptcy Courts Unavailable, Marijuana Businesses Turn to State Options

David E. Sklar & Cheryl A. Santaniello 

Federal bankruptcy courts have been unavailable to marijuana businesses due to the Schedule I status of marijuana. The United States Trustee's policy is to move to dismiss or object in each case involving marijuana assets, because they cannot be administered under the Bankruptcy Code.

Features

Update on Bankruptcy Appellate Practice Part Four: Interlocutory Appeals — Deadlines Image

Update on Bankruptcy Appellate Practice Part Four: Interlocutory Appeals — Deadlines

Michael L. Cook

This installment of our appellate series reviews recent cases addressing the district courts' review of interlocutory bankruptcy court orders and the enforceability of appellate deadlines. As we have shown with other case law governing appeals, real obstacles confront practitioners appealing from bankruptcy court rulings.

Features

Update on Bankruptcy Appellate Practice: Part Two — Equitable Mootness Image

Update on Bankruptcy Appellate Practice: Part Two — Equitable Mootness

Michael L. Cook

This installment of our appellate practice series reviews recent cases addressing the equitable mootness doctrine. The issue ultimately often turns on whether it is practical and fair for an appellate court to review an appeal on the merits, enabling that court to avoid review altogether.

Features

Survey Says: Tips On Getting Over the Daubert Hurdle Image

Survey Says: Tips On Getting Over the Daubert Hurdle

Rebecca Kirk Fair, Peter Hess & Vendela Fehrm

This article draws on a review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, and provides suggestions for getting survey evidence admitted for consideration in court. Our recommendations fall under two broad categories: relevance and reliability.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • COVID-19 and Lease Negotiations: Early Termination Provisions
    During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
    Read More ›
  • How Secure Is the AI System Your Law Firm Is Using?
    What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
    Read More ›
  • Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
    The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
    Read More ›