Update On Preference and Fraudulent Transfer Litigation
September 01, 2022
The appellate courts have been busy explaining or clarifying preference and fraudulent transfer law. Although novices may think the Bankruptcy Code (Code) is clear on its face, imaginative counsel have found gaps in the statute and generated rafts of litigation since the Code's enactment in 1979. Recent appellate decisions, summarized below, show that courts are still making new law or refining prior case law.
Rulings on COVID-19 Defenses In Commercial Real Estate
September 01, 2022
Despite some new variants and a possible resurgence in the fall, the pandemic closures seem to be finally coming to an end. And with it, so too have most of the COVID-19 defenses in court cases involving commercial leases. However, all may not be foreclosed for a commercial tenant, particularly where a tenant is able to point to a specific provision of its lease that could excuse its obligation to pay rent during the closure of its business.
Law Firms May Make 'Course Corrections' to Battle Inflation
September 01, 2022
If inflation remains at current levels, law firm billing rate increases won't be able to keep pace. But firm leaders may make other "course corrections" to capture profits through the end of 2022, analysts say, by utilizing leverage and alternative pricing models and making additional investments in technology.
Bit Parts
September 01, 2022
Brian Wilson's Ex-Wife Wins Remand Back to State Court of Her Claim to Share of Revenues from Sale of His Song Catalog
Eminent Domain Law
September 01, 2022
Claimants Failed to Establish That Property Would Have Been Rezoned
Increased Award Proper Where Prior Regulation Might Have Constituted a Taking
New Securities Suits Up Slightly, Despite Stock Drops
September 01, 2022
Given the recent stock market carnage, one might expect that the courts were flooded with a fresh batch of securities suits. Stock drops, after all, are one necessary ingredient of stock drop suits. But according to Cornerstone Research's mid-year assessment of new filings, the number of new class action securities cases filed in the first half ticked up only slightly compared to the first half of 2021.
Text Messages In E-Discovery
September 01, 2022
This article looks beyond conspiracy theories and Secret Service slip-ups — or subterfuge, depending on one's perspective — to take a look at the law and technology of texts in e-discovery.
IP News
September 01, 2022
Federal Circuit Affirms District Court's Decision That an Artificial Intelligence Software System Cannot Be Listed as an Inventor on a Patent Application
Federal Circuit Affirms District Court's Partial Award of Attorney's Fees
Protecting a Trademark Licensor's Rights In a Bankruptcy Case
September 01, 2022
A recent bankruptcy case from the District of Delaware underscores the need for a trademark licensor to be alert to filings made in its licensee's bankruptcy case that may require prompt action by the licensor to protect its valuable rights under a license agreement.
