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Features

Corporate Bankruptcies and the Restructuring Solution Image

Corporate Bankruptcies and the Restructuring Solution

Brian Wanat

Recent, big-name Chapter 11 filings have brought to the light the importance of insurance solutions for companies in financial distress, as companies in this situation face oftentimes new and uncharted issues.

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

Notable court filings in entertainment law.

Features

Reducing Headcount May Not Be the Best, or Only, Option to Weather an Uncertain Economic Climate Image

Reducing Headcount May Not Be the Best, or Only, Option to Weather an Uncertain Economic Climate

Valerie Chan

One of the lessons we learned — or should have — from the pandemic was that, from a market share perspective, if companies are not visible and in front of customers, it is hard for them to retain existing clients and prop up market share

Features

Acquitted-Conduct Sentencing: A Quagmire Neither the Supreme Court Nor the U.S. Sentencing Commission Can Continue to Avoid Image

Acquitted-Conduct Sentencing: A Quagmire Neither the Supreme Court Nor the U.S. Sentencing Commission Can Continue to Avoid

Harry Sandick & Nicole Scully

It has been common knowledge to criminal practitioners for years that a criminal defendant's sentence for a crime which they have been convicted can be increased based on consideration of conduct that the jury acquitted. This outcome can make a partial acquittal in federal court into a pyrrhic victory.

Features

Buyout Provisions In Commercial Lease Litigation Image

Buyout Provisions In Commercial Lease Litigation

Adrienne B. Koch

Litigation frequently involves an attempt by one party to enforce the terms of the buyout provision through specific performance. But that remedy may be less readily available than the parties might assume. This article explores the reasons why, and suggests some drafting considerations.

Features

Ninth Circuit Bankruptcy Panel Holds Lack of Timely Objection Bars Objection to Homestead Value Exemption Image

Ninth Circuit Bankruptcy Panel Holds Lack of Timely Objection Bars Objection to Homestead Value Exemption

Lawrence J. Kotler & Geoffrey A. Heaton

In In re Masingale, the U.S. Bankruptcy Appellate Panel for the Ninth Circuit held that in the absence of a timely objection, debtors who claimed a homestead exemption of "100% of FMV" in their residence had a valid exemption claim for the full fair market value of the property.

Columns & Departments

Players On the Move Image

Players On the Move

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Zhiqiang Liu

Federal Circuit Affirms the Board's Finding of Anticipation Because Prior Art Patent and References Incorporated Therein Inherently Meet the Disputed Claim Limitations Federal Circuit Affirms a Finding of Infringement Because the District Court Correctly Construed "a" and "said" and Rejects Anticipation Argument on Waiver Grounds Federal Circuit Vacates Judgment of Non-Infringement Because the Underlying Stipulation Failed to Provide Sufficient Detail for the Court to Resolve Certain Claim Construction Issues

Features

Arizona Appeals Court Joins Other States In Holding COVID-19 Shutdowns Not an Excuse for Missed Rent Payments Image

Arizona Appeals Court Joins Other States In Holding COVID-19 Shutdowns Not an Excuse for Missed Rent Payments

Riley Brennan

The court affirmed a lower court's decision granting the landlords' motion for summary judgment, after determining the applicable force majeure provisions and common law doctrines the tenants relied on didn't excuse payment obligations.

Features

Limitations on Omissions Liability for Opinions Following 'Omnicare' Image

Limitations on Omissions Liability for Opinions Following 'Omnicare'

Gregory Silbert & Joshua Wesneski

"Everyone is entitled to his own opinion, but not his own facts." The Supreme Court has applied this maxim to the securities laws, holding in Omnicare v. Laborers District Council , that while statements of opinion generally are not actionable, there are some narrow circumstances in which such statements entail or imply false or misleading assertions of fact.

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