Features
Jeffrey S. Greenberg
<b><i>In re Lexington Hospitality Group, LLC</b></i><p>Bankruptcy remote structures are often used to protect against the impact of default under a credit facility. A common mechanism is organizational documents requiring an outside director or member's vote to authorize a bankruptcy filing. However, the United States Bankruptcy Court for the Eastern District of Kentucky found that such a requirement implemented at the behest of a lender, among other bankruptcy restrictions, and where there was not true independence frustrated the important federal public policy of favoring fresh starts in bankruptcy.
Columns & Departments
Howard Shire
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Michael Block
Claim Preclusion Requires Analysis that Claims in Newly Asserted Patents are Patently Indistinct from Claims in Previously Adjudicated Patents<br>Claim Elements Taught by Prior Art for Purposes of Novelty and Obviousness are not Necessarily 'Well-Understood, Routine, and Conventional' Under §101
Columns & Departments
ssalkin
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Arkansas State Senator Pleads Guilty to Fraud and Money Laundering
Columns & Departments
ssalkin
&
Denial of Remaining Family Member Status Upheld<br>Occupant Entitled to Succession Rights to Stabilized Apartment Even If Named Tenant Continued to Sign Leases After Moving Out<br>Tenant Entitled to Succession Rights to Rent-Controlled Apartment<br>Landlord Did Not Establish Use of Apartment to Facilitate Drug Trading<br>421-G Buildings Subject to Luxury Deregulation<br>Incarcerated Son Note Entitled to Succession Rights
Columns & Departments
Stan Soocher
Essence of the Ninth Circuit's Decision in the “Blurred Lines” Copyright Infringement Case<br>Trademark Cancellation Claim Can't Proceed Against Marilyn Monroe Brand Manager
Columns & Departments
ssalkin
&
Suit in Second Jurisdiction Is Duplicative<br>Mailing Rent Check While Doing Unauthorized Acts Is Not Mail Fraud
Features
Steven C. Russo
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Evan Preminger
The New York Court of Appeals has long established that an agency's assessment of environmental impacts pursuant to the New York State Environmental Quality Review Act, or SEQRA, is entitled to substantial deference, admonishing lower courts that it is not their role to substitute their judgment for the judgment of agencies undertaking the action. Sometimes, however, lower courts give lip service to the deferential standard of review but fail to apply it.
Features
Thomas D. Selz
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Bernard C. Topper Jr.
Section 181 of the IRC has provided benefits to both producers of movies and television programs and — under pass-through legal structures such as limited liability companies — to their investors. Now, with the enactment of the sweeping new federal tax law, §181 has been given new life, with a couple of additional benefits and a couple of additional twists.
Features
Stan Soocher
The U.S. District Court for the Southern District of New York upheld a release clause signed by an entertainment attorney who appeared in WE network's reality TV show Money. Power. Respect.
Features
Craig A. Newman
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Jonathan Hatch
CareFirst, a large health care company involved in a data breach case, asked the U.S. Supreme Court to weigh in on whether victims can establish Article III standing to sue for the risk of future identity theft. The Court denied the request, leaving intact a recent district court holding that consumers could successfully plead such a claim issue — and leaving a split among the federal appellate courts.
