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Preference Attacks To Recover Prepetition Compensation Paid to Consultants of Troubled Companies Image

Preference Attacks To Recover Prepetition Compensation Paid to Consultants of Troubled Companies

Paul A. Rubin & Hanh V. Huynh

Employees of a troubled company who stay on as consultants to assist in liquidating its assets or preparing the company for a bankruptcy filing may later be disappointed to face claims to claw back their prepetition compensation.

Features

Inheriting Tenants in Default? Image

Inheriting Tenants in Default?

Ira Fierstein & Michelle Palka

An Illinois Appellate Court recently ruled in favor of a commercial tenant after a new owner acquired a commercial building and attempted to collect accrued unpaid rent owed to the previous landlord.

Features

FCA Cases: Convincing DOJ to Move to Dismiss Image

FCA Cases: Convincing DOJ to Move to Dismiss

Jacqueline C. Wolff

Recent actions by the DOJ suggest that although the DOJ may continue to prosecute certain relators' FCA cases, other relators may find themselves on the other side of a government motion to dismiss.

Columns & Departments

Eminent Domain Image

Eminent Domain

ssalkin

Condemnation Award Reduced

Features

SCOTUS Agrees to Hear Case Determining Federal Registrability of Immoral and Scandalous Trademarks Image

SCOTUS Agrees to Hear Case Determining Federal Registrability of Immoral and Scandalous Trademarks

Dana Justus & Monica Riva Talley

This case should determine the availability of federal trademark registration for “immoral” and “scandalous” marks – in this case, the acronym “FUCT” for a clothing line.

Features

Monopolizing the Disruptive Image

Monopolizing the Disruptive

Arthur Beeman

<i><b>The Federal Circuit's Threat to Software Innovation in the </i>Oracle v. Google<i>Decisions</i>&lt;</b><p>The Federal Circuit decisions in the Oracle v. Google copyright case rattled Silicon Valley not simply because the decisions upended software developers' understandings of copyright law, but also because the decisions do not comport with the disruptive ethos of the technology industry.

Features

Second Circuit Blocks Video Privacy Suit Brought Against Barnes & Noble Image

Second Circuit Blocks Video Privacy Suit Brought Against Barnes & Noble

Jenna Greene

A would-be class action against Barnes &amp; Noble could have cost the bookseller hundreds of millions of dollars — not to mention a reputational hit for allegedly sharing private information about its customers' online video purchases with Facebook.

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Title Insurance Inducements<br>Purchaser's Willful Default/Down Payment<br>Tortious Interference Claim Reinstated<br>Easement Scope<br>Mortgage Acceleration

Features

Quasi-Bankruptcy Quagmires Image

Quasi-Bankruptcy Quagmires

Howard C. Rubin & Deirdre M. Richards

<i><b>When Entities May Not Have a Filing Choice and How Creditors Are Impacted</i></b><p>This article explores the difficulties some entities have encountered in filing bankruptcies and how one organization used extraordinary civil remedies in an attempt to accomplish what reorganization under Chapter 11 of the United States Bankruptcy Code would have provided.

Features

A Clash Between 'Free and Clear' and Tenants' Rights Under the Bankruptcy Code's Section 365(h) Image

A Clash Between 'Free and Clear' and Tenants' Rights Under the Bankruptcy Code's Section 365(h)

Albena Petrakov

With the recent carnage in the retail industry, including Sears and many other retailers of all shapes and sizes, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection.

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