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Development Image

Development

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Despite Proximity, Neighbor Lacked Standing to Challenge Alleged Zoning Violation Neighbors Entitled to Remedy Against Landowner's SLAPP Suit Area Variance Denial Overturned

Features

Small Business Reorganization Act and Subchapter V Image

Small Business Reorganization Act and Subchapter V

Robert W. Dremluk

The general purpose of Subchapter V was to streamline the Chapter 11 bankruptcy process for small businesses and individuals engaged in business to administer their bankruptcy estate in an efficient and less costly manner.

Features

Commentary: Claims Filing Time Issues on Copyright Ownership from Everly Bros. Case Image

Commentary: Claims Filing Time Issues on Copyright Ownership from Everly Bros. Case

J. Alexander Lawrence

Don and Phil Everly's flawless harmonies that resulted in a string of hits in the 1950s and '60s regrettably ended in acrimony. The Sixth Circuit recently issued a decision in a dispute between Phil's heirs and Don over copyright ownership of the No. 1 hit "Cathy's Clown," in which concurring Judge Eric E. Murphy raised important questions about when the statute of limitations should begin to run in copyright cases and whether courts have been correctly applying the law.

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

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Condemnation Upheld Despite Benefit to Private Party

Features

Shareholder Class Actions During, and After, COVID-19 Image

Shareholder Class Actions During, and After, COVID-19

Margaret A. Dale & Mark D. Harris 

Given the current turmoil in the markets, an increasing number of plaintiffs are bringing shareholder class action suits, citing corporate statements about COVID-19. As first-quarter earnings season draws to a close, now is a good time to reflect on the shareholder class actions that have been brought to date related to COVID-19, and others potentially yet to come.

Features

Counsel Concerns: Ice Cube's Big3 Suit Against League's Lawyers Ends Quietly Image

Counsel Concerns: Ice Cube's Big3 Suit Against League's Lawyers Ends Quietly

Dan Packel

Three-on-three basketball league Big3, co-owned by hip hop artist and actor Ice Cube, quietly abandoned a lawsuit accusing the law firm Quinn Emanuel Urquhart & Sullivan of putting its lucrative relationship with the Republic of Qatar ahead of its attorney-client obligations to the fledgling sports project.

Features

Survey Says: Tips on Getting Over the Daubert Hurdle Image

Survey Says: Tips on Getting Over the Daubert Hurdle

Rebecca Kirk Fair, Peter Hess & Vendela Fehrm

Surveys can provide useful evidence in litigation if they are conducted by a qualified expert employing reliable methods that survive a Daubert challenge. In the first of a series of articles drawing on our review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, we provide some suggestions for getting survey evidence admitted for consideration in court.

Features

Update on Corporate Bankruptcy Tax Refund Litigation Image

Update on Corporate Bankruptcy Tax Refund Litigation

Michael L. Cook

The bankruptcy trustee of a bank holding company was not entitled to a consolidated corporate tax refund when a bank subsidiary had incurred losses generating the refund, Tenth Circuit held.

Features

Real Estate Loan Workout: Exchange of Enhancements for Concessions Image

Real Estate Loan Workout: Exchange of Enhancements for Concessions

Richard S. Fries

As a result of the coronavirus pandemic, a property owner might reach out to its lender for urgent, needed debt relief. The lender, which strives for a performing asset, an on-going relationship with its customer makes concessions. In exchange for these concessions, the lender should obtain credit and legal enhancements., which should also enable the lender to make concessions that are more meaningful to the property owner, its investors, its tenants and its business.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

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Sponsor Correctly Calculated Reserve Fund Shareholder Did Not Breach Survival of Closing Affidavit

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