Law.com Subscribers SAVE 30%

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

Home Topics

Litigation

Features

Pandemic Forces Small Restaurants to Make Tough Bankruptcy Choices Image

Pandemic Forces Small Restaurants to Make Tough Bankruptcy Choices

Andrew C. Kassner & Joseph N. Argentina Jr.

Perhaps no sector has been more challenged from the COVID-19 pandemic than the restaurant industry. And, as is often the case, these difficult situations and the resulting tough choices must be addressed in the bankruptcy system.

Features

Important Amendments to the Bankruptcy Code In the Consolidated Appropriations Act Image

Important Amendments to the Bankruptcy Code In the Consolidated Appropriations Act

Richard F. Broude

A preview of an update to the book Reorganizations Under Chapter 11 of the Bankruptcy Code that covers The Consolidated Appropriations Act that was enacted in December.

Features

The NY Court of Appeals Provides Important Guidance for Lease Surrender Agreements Image

The NY Court of Appeals Provides Important Guidance for Lease Surrender Agreements

Bruce H. Lederman

At a time when the COVID-19 crisis is causing an unprecedented number of lease defaults, a recent NY Court of Appeals decision provides both guidance and warnings to attorneys asked to negotiate and litigate leasehold surrender agreements.

Features

The NY Court of Appeals Provides Important Guidance for Lease Surrender Agreements Image

The NY Court of Appeals Provides Important Guidance for Lease Surrender Agreements

Bruce H. Lederman

At a time when the COVID-19 crisis is causing an unprecedented number of lease defaults, the recent Court of Appeals decision, The Trustees of Columbia University v D'Agostino Supermarkets, Inc., provides both guidance and warnings to attorneys asked to negotiate and litigate leasehold surrender agreements.

Features

Exercising Restraint: Federal Circuit Affirms Dismissal of Declaratory Judgment Action Under Abstention Doctrine Image

Exercising Restraint: Federal Circuit Affirms Dismissal of Declaratory Judgment Action Under Abstention Doctrine

Rudy Kim & James Hancock

The Federal Circuit affirmed the dismissal of a declaratory judgment action based on the "abstention doctrine," despite the declaratory judgment plaintiff's insistence that the underlying contract dispute required resolution of patent validity and claim scope that were within the federal courts' exclusive purview.

Features

The Small Business Reorganization Act: How It Started. How it's Going. Where to Next? Image

The Small Business Reorganization Act: How It Started. How it's Going. Where to Next?

Jack O'Connor

By further expanding access to a streamlined Chapter 11 process, the SBRA will ensure that a wider array of debtors have the ability of reorganizing themselves, when Chapter 11 was previously too cost-prohibitive for such debtors.

Features

Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World Image

Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World

Gwendolyn Seale

Part One of a Two Part Article While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing "quarantine streams," in which they livestream their sets on social media platforms. Unsurprisingly many questions have arisen.

Features

Not-So-Incidental Byproducts of 'Kelly' Image

Not-So-Incidental Byproducts of 'Kelly'

Gary Stein

Early returns are in, and they indicate that the Supreme Court's decision in the so-called "Bridgegate" case will be an effective tool for pruning the wild overgrowth that has built up around the federal fraud statutes.

Columns & Departments

Development Image

Development

Stewart Sterk

Use Variance Not Necessary for Use of Home As AirBnB Rental Merger of Back-to-Back Lots

Features

State High Court Preserves Lenders' Tort Claims Against Debtors' Insiders Image

State High Court Preserves Lenders' Tort Claims Against Debtors' Insiders

Michael L. Cook

A lender's state law tort claims against "non-debtor third-parties for tortious interference with a contract" were "not preempted" by "federal bankruptcy law," held the New York Court of Appeals.

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

  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
    Read More ›
  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
    Read More ›
  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
    Read More ›
  • Legal Possession: What Does It Mean?
    Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
    Read More ›
  • The Unlicensed Real Estate Broker in New York: Beware
    The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.
    Read More ›