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The Rights and Treatment of Non-Debtor Contract Counterparties in Bankruptcy
January 30, 2013
This article discusses how counterparties, as well as courts, react to situations where a counterparty seeks protection from the risks inherent in continued performance under a Contract with a debtor in bankruptcy.
Make the Most of Your Law Firm's Lease Expiration
January 30, 2013
Lease negotiations and the resulting renovations or moves represent a highly sensitive management issue. Here's what you need to know.
Dispelling 10 Myths About Bankruptcy
January 30, 2013
Corporate bankruptcy is an area that is often feared and misunderstood by those who believe that bankruptcy will be the end of their business. In reality, most businesses operate with limited difficulty in Chapter 11.
Is a 'Lease' a Lease, or Something Else?
January 30, 2013
As a New York appellate court recently instructed in <i>Women's Interart Center v. New York City Economic Development Corp.</i>, a "lease" may or may not be a lease, depending on the agreement's terms.
Forum Selection Clause an Important Provision in Franchise Agreements
January 30, 2013
In a case reminiscent of a man-bites-dog story, a franchisor's action to enforce its post-term restrictive covenant was recently dismissed for being in violation of its own forum selection clause.
The Lease Year: Let's Keep It Simple
January 30, 2013
The date that a lease begins is an extremely important lease issue. To help reduce the possibility of successful lease audits, wise practitioners utilize something called the "Lease Year."
In the Spotlight: Renewing a Lease
January 30, 2013
The market has seen significant activity in lease renewals. This article examines the steps to be taken and the key issues to keep in mind if you represent either a landlord or tenant looking at a lease renewal as an option.
The New ACORD Certificates of Insurance
January 30, 2013
The Certificate and Evidence of Insurance forms that ACORD made effective in late 2009/early 2010 have raised alarm among insurance certificate holders and their attorneys. Here's why.
Sunbeam Eclipsed
January 29, 2013
A recent decision of the Seventh Circuit, <i>Sunbeam Prods. v. Chi. Am. Mfg., LLC</i>, has been viewed by many, including the authors of this article, as signaling a potential trend in favor of non-debtor licensees of intellectual property.
Real Estate Considerations in Divorce
December 27, 2012
While every divorce has its own unique issues and challenges, most separating couples face the same problems relating to the disposition of the former marital home. If real property issues are not thoroughly considered during divorce proceedings, financial and emotional problems could linger for years after the divorce is final. This article highlights several important issues that everyone who is going through a divorce or who is recently divorced should consider with regard to the disposition of marital real property, and offers some tips on how to address them.

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    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.
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  • 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.
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  • 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.
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  • How the U.S.-China Trade War Effects IP Strategy
    The trade war between the United States and China has had far-reaching effects on international trade and the global economy. The dispute is slowly developing into a battle of attrition, without any immediate resolution on the horizon despite ongoing trade talks. As businesses change the way they operate in response to this unpredictable trade environment, counsel should consider the risks and potential impacts on corporate IP strategy.
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