Features
Michael L. Cook
The Eighth Circuit's decision in Simply Essentials has practical significance for Chapter 11 debtor in possession (DIP) lenders. U.S. Trustees and unsecured creditors regularly object to the granting of liens on avoidance actions, but this and other appellate rulings should now eliminate the purported legal obstacle.
Features
Seth Farber, Marcelo Blackburn
&
Sarah Viebrock
However, when corporate misconduct rises to the level of a crime, and when that crime results in a federal criminal conviction, victims have an alternative: an order of restitution as part of the corporate defendant's criminal sentence. As discussed below, victims enjoy several strategic advantages in a restitution proceeding that they do not in civil litigation.
Features
Christopher P. Bussert
This article explores developments (both positive and negative) in the post-TMA world in which courts have wrestled with implementation of the presumption of irreparable harm in trademark cases.
Columns & Departments
New York Real Estate Law Reporter Staff
Questions of Fact About Whether Tenant Exercised Renewal Option
Hearing Necessary to Determine Whether Landlord Can Remove Tenant to Complete Restoration Work
Questions of Fact About Landlord Fraud
Additional Security Deposit Constitutes Source of Income Discrimination
Features
Amie Santos
How effective operational impact and change led by diversity professionals can benefit all members of the workplace.
Features
Robert W. Clarida
&
Thomas Kjellberg
The U.S. District Court for the District of Columbia recently upheld a final refusal by the U.S. Copyright Office to register a visual work that was "autonomously created by a computer algorithm running on a machine," which the plaintiff called the Creativity Machine and identified as the "author" of the work.
Features
Richard J. Bernard
&
Roya Imani
When restructuring or liquidating a non-U.S.-based company with U.S. operations, practitioners should consider the benefit and efficiency of utilizing the company's home country laws under a foreign proceeding and a Chapter 15 in the United States.
Features
Jay A. Dubow, Joanna J. Cline
&
Erica H. Dressler
Recent decisions by the Delaware Court of Chancery demonstrate that when a special purpose acquisition company (SPAC) transaction and the disclosures surrounding it are challenged, defendants may face an uphill battle to prevail on a motion to dismiss, especially where breach of fiduciary duty claims have been asserted.
Features
Richard L. Hathaway
Recognizing that U.S. "copyright law protects only works of human creation," the court determined that the Copyright Office "acted properly in denying copyright registration for a work created absent any human involvement."
Columns & Departments
New York Real Estate Law Reporter Staff
Questions of Fact Remain About Width of Easement
Transfer Invalidated As Fraudulent Transfer
Cotenant's Operation of Mine Not Enjoined
Homeowners Association Lacked Standing to Enforce Covenant
Easement Holder Liable for Trespass After Easement Was Extinguished
