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Cash Flows for Commercial Leases During COVID-19 Image

Cash Flows for Commercial Leases During COVID-19

Jonathan Koevary & Robert Gagne

To say the least, for those companies that filed for bankruptcy on the eve of the COVID-19 shutdowns, the strategies — and available cash flows to pay landlords — did not go as planned.

Features

Bankruptcy Sales: Finding a Diamond In the Rough Image

Bankruptcy Sales: Finding a Diamond In the Rough

Matthew I. Kramer

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Features

Copyright Considerations In Artificial Intelligence Image

Copyright Considerations In Artificial Intelligence

Shaleen J. Patel & Sushmitha Rajeevan

In the process of creating new content, AI, which has moved into the entertainment industry, may create copies of copyrighted works in memory storage as a byproduct of its overall output sequence. This article explores authorship and ownership of such AI-generated content, and to what extent, if any, can copyrights be infringed upon when AI reproduces copyrighted works for machine learning.

Features

Delaware Court Dismisses Fox Stockholder's Suit Over Disney Deal Image

Delaware Court Dismisses Fox Stockholder's Suit Over Disney Deal

Ellen Bardash

In a decision that narrowed what actions can be brought by Delaware companies' stockholders in the context of a merger, the Delaware Court of Chancery dismissed claims brought against former 21st Century Fox executives, including three members of the Murdoch family.

Features

Mezzanine Lenders and Foreclosure Sales During COVID-19 Image

Mezzanine Lenders and Foreclosure Sales During COVID-19

Jeffrey B. Steiner & Scott A. Weinberg

This article reviews a recent case, D2 Mark LLC v. OREI VI Investments LLC, to understand how the court's decision may provide mezzanine lenders with guidance in structuring a UCC foreclosure sale auction in the COVID-19 landscape so as to strengthen their position against any claims by the mezzanine borrower that the sale is not commercially reasonable.

Features

J.Crew Allowed to Shutter Under Terms of Mall Lease Image

J.Crew Allowed to Shutter Under Terms of Mall Lease

Danielle C. Lesser

Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures that will inevitably result from current factors. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating through the enforcement of the "continuous operations provision" found in mall leases.

Features

Legal Tech: Six Years of Tracking E-Discovery Trends and Providers Image

Legal Tech: Six Years of Tracking E-Discovery Trends and Providers

Ari Kaplan

For the past six years, the E-Discovery Unfiltered report to identify pricing patterns and preferences in electronic discovery, highlight projected investments in the sector, gauge the impact of the cloud, track shifting preferences in outsourcing and remote review, understand vendor selection criteria, and focus on the need for international ediscovery, among other trends.

Features

Weighing the Benefits: How Much Weight Will Your Survey Have in Court? Image

Weighing the Benefits: How Much Weight Will Your Survey Have in Court?

Rene Befurt, Marie Warchol & Anthony Nasr

As consumer surveys become increasingly common forms of evidence in matters involving copyright, patent or trademark infringement, so too do Daubert challenges that attempt to disqualify that evidence. However, getting admitted into court is no guarantee of success — you are not over the entire Daubert hurdle just yet. The next step is ensuring that your survey is convincing the fact finders that your survey's results are dependable and useful.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

DGA's "Qualification List" Isn't a "Labor Organization" Under Georgia Law Unlicensed Use of Van Halen Photo in Conjunction With Museum Exhibit Ruled Fair Use

Features

The Bankruptcy Code's Anti-Discrimination Section and COVID-19 Image

The Bankruptcy Code's Anti-Discrimination Section and COVID-19

Andrew C. Kassner & Joseph N. Argentina Jr.

The pandemic has spurred analysis of legal issues as businesses grapple with their respective relationships with both private and public entities. In this article, the authors examine Section 525 of the Bankruptcy Code — the anti-discrimination section, and its implications during COVID-19.

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