Features
Second Circuit Likely to Deliver Big Win for Commercial Shopping Center Lessor
The U.S. Court of Appeals for the Second Circuit, on remand from the Supreme Court, further remanded to the district court the key issue of whether the Chapter 11 debtor gave "adequate assurance of future performance of" a commercial real property shopping center lease "as required by the Bankruptcy Code after the debtor's assignment of its lease.
Features
Key Win Likely for Commercial Shopping Center Lessor In Second Circuit
The Second Circuit, on remand from the U.S. Supreme Court, further remanded to the district court the key issue of whether the Chapter 11 debtor gave "adequate assurance of future performance of" a commercial real property shopping center lease "as required by [Bankruptcy Code] §365(b)(3)(A)," after the debtor's assignment of its lease.
Features
CA Bankruptcy Court Throws Regulatory Concerns Aside and Sides With Cannabis Business' Chapter 11 Plan
While this case does not fully open the courthouse doors to cannabis-related businesses and seemingly grants the bankruptcy courts a great deal of discretion when ruling on similar cases in the future, cannabis-related businesses may now have a roadmap to pursue reorganization.
Columns & Departments
Real Property Law
Notice of Pendency Improper In Private Nuisance Action Incapacity and Undue Influence Challenge to Deed Fails Authority Entitled to Divert Surface Water Covenant Restricting Landscaping Changes Enforced Failure to Record Does Not Invalidate Deed Against Purchaser Charged With Notice
Features
Fifth Circuit: Pre-petition Payout of Insurance Proceeds Should Be Classified As a 'Transfer of An Interest'
In upholding the bankruptcy court's determination that the payment of insurance proceeds could be such a transfer, the Fifth Circuit underscored the complex interplay between state law, bankruptcy law and the rights of creditors in bankruptcy proceedings.
Columns & Departments
Eminent Domain Law
Attorney's Fee Awarded On Interest Accruing During Appeal
Features
A Look Inside the Rulings for Sandy Hook Families In Alex Jones Bankruptcy
A Q&A with the team working on the Alex Jones/Sandy Hook case in bankruptcy court in Texas, who provides an inside look at the case, their strategy, and some takeaways.
Features
Designing the Future: Protecting AR/VR Innovations With Design Patents
The future is only redesigned every so often, so it is worth asking, what will this new technology look like, and how can pioneers protect their user-facing innovations that will define this emerging space? Design patents are the answer.
Columns & Departments
Landlord & Tenant Law
Tenant's Summary Judgment Motion Denied In Rent Overcharge Proceeding
Columns & Departments
Fresh Filings
Notable court filings in entertainment law.
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