Features
Payment Under Critical Vendor Order Does Not Bar Pursuing a Preference Claim
A supplier's receipt of payment under a critical vendor order does not bar the debtor or trustee from pursuing a preference claim to recover amounts paid prepetition to the vendor, according to a recent ruling from the U.S. Bankruptcy Court for the District of Delaware.
Columns & Departments
Real Property Law
Absent Express Language, Restrictive Covenant Does Not Run With the Land Mortgagee Not Entitled to Expungement of Satisfaction Junior Mortgagee Entitled to Rely on Erroneously Recorded Satisfaction of Senior Mortgage Easement Holders Entitled tTo Pave Easement to Improve Access Federal Government Not Liable for Erosion Damages Caused By Alleged Failure to Maintain Jetties Representations and Warranties Survive Closing
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Landlord & Tenant Law
Disability Discrimination Claim Dismissed As Moot
Features
Real Estate Acquisition Volume on Fast Track, But Leases Slower to Rebound
Flexibility, creativity, and other tips for commercial leasing as 2021 comes to a close.
Columns & Departments
Bit Parts
Manager's Law License Considered in California Personal Jurisdiction Ruling in Dispute Involving Rapper Lil Wayne
Features
Bankruptcy Court Provides Clarity on Unwritten Elements of Avoidance Actions under the Bankruptcy Code
The U.S. Bankruptcy Court for the District of New Mexico recently ruled that any attempt to avoid preferential or fraudulent transfers must be supported by evidence that the avoidance will benefit the debtor's estate and the debtor's creditors — not just the debtor itself.
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Development
Board of Appeals Made Inadequate Efforts to Accommodate Religious Use
Features
Legal Tech: The Secret Life of E-Discovery Funding
The true extent of funding amounts fueling legal tech and e-discovery software companies will likely never be widely shared. The reason is simple: Without regulatory requirements, the competitive risks of disclosing these investments regularly outweighs any potential benefits.
Features
Commercial Real Estate Investors Looking for Next Value Play
The rush to such sectors as industrial and multifamily has compressed cap rates, leaving many to reconsider how they measure value and leaning more toward internal rate of return.
Features
Plaintiffs Bar Not Happy with J&J's Shift of Liability to Victim Fund
A bankruptcy filing allows Johnson & Johnson to shift legal liability over its talc-based baby powder into a potential $2 billion compensation program for cancer victims, but not without a big fight from the plaintiffs bar.
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