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Landlord & Tenant Law
March 01, 2023
Issues of Fact Preclude Summary Judgment on Habitability Claim
Music Rates and Royalties In 2023
March 01, 2023
Part One of a Two Part Article A look at the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.
The Impact of Fed Rate Hikes on CRE Financing
March 01, 2023
When experiencing pain, the natural human response is to ask when it might stop. That is what commercial real estate, among other industries, have been doing. When will inflation end and the Federal Reserve stop hiking rates?
Circuit Split Reflects Disagreement About the Relationship Between Scheme Liability and SEC Rule 10b-5(b)
March 01, 2023
Historically, federal courts generally agreed that scheme liability under SEC Rule 10b-5(a) and (c) requires something more than a misstatement or omission — with misstatements and omissions typically being litigated under Rule 10b-5(b) instead. However, the SCOTUS in Lorenzo v. SEC held that an individual who disseminates a misstatement, without other fraudulent conduct, is potentially liable under the scheme liability provisions of Rule 10b-5. Subsequently, a circuit split has emerged over the scope of Lorenzo's holding.
Despite Aggressive Rate Increases from Law Firms, Clients Have Room to Negotiate
March 01, 2023
Rate increases across the legal industry haven't been as big as the conventional wisdom implies, and clients have more room to negotiate than they probably realize.
Marketing Tech: Legal Ops Success In an Uncertain Economy
March 01, 2023
Ari Kaplan speaks to leaders in legal ops on key themes emerged that are likely to drive new initiatives in 2023.
Rights of Tenant to Security Deposit When Landlord Files for Bankruptcy
March 01, 2023
As we debate whether there will be a "soft" or "hard" landing of the economy and the resulting effect of different landings on the volume of bankruptcy filings, it is helpful to review how a bankruptcy filing affects not only rights between a creditor and the debtor, but also the respective rights of creditors against property held by the debtor.
Embedded Finance Is Changing the Business of Law
March 01, 2023
A revolution is underway in small and medium-sized businesses (SMB) banking and payments and will impact the way legal, accounting and other professional services firms manage their finances.
Upcoming Event
March 01, 2023
"Ripple Effect: The Taylor Swift Tour Ticket Debacle," at SXSW Conference. Austin, TX, March 15.
Co-ops and Condominiums
March 01, 2023
Amendment of Bylaws Relieves Condominiums of Obligation to Use Association for Repair Services

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    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
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  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
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