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Bankruptcy Code Section 502(d) Claim Disallowance Issues 'Travel With' the Claim
September 01, 2020
In a recent decision, the U.S. Bankruptcy Court for the Southern District of New York held that claim disallowance issues under Section 502(d) of the Bankruptcy Code "travel with" the claim, and not with the claimant.
FIFA Decision Confirms Long Arm of Honest Services Fraud
September 01, 2020
United States v. Napout The U.S. government's lead role in the prosecution of corruption within the Zurich-based FIFA may be a paradigmatic example of U.S. law enforcement acting as the world's policeman. If corruption is based on foreign executives violating their duties of loyalty to foreign private entities, how does that translate into a violation of U.S. criminal law? Does it matter that the conduct in which the foreign executive engaged — commercial bribery — may not be illegal under the law of the executive's home country?
New York's Commercial Lease Defenses to Paying Rent
September 01, 2020
Not including what may have been negotiated in a commercial lease, there are three traditional theories under which commercial tenants could seek to assert entitlement to forgiveness of their rent: frustration of purpose, impossibility of performance, and force majeure.
Development
September 01, 2020
Landowner Had Vested Right to Mine Parcel
Which Method Is for You? Not All Surveys Are Made the Same
September 01, 2020
As survey evidence has become increasingly common in litigation, it is important to remember that not all surveys are made the same. It's important to be able to identify the right survey methodology for the matter at hand. Third in a series
Players on the Move
September 01, 2020
A look at moves among attorneys, law firms, companies and other players in entertainment law.
The SECURE and CARES Acts Change Required Minimum Distributions
September 01, 2020
A key aspect of saving for retirement through qualified retirement plans and IRAs is deferring taxes until required minimum distributions (RMD) begin. Even with Roth IRAs, beneficiaries who inherit them must also follow RMD rules despite the tax-free treatment of the distributions. The SECURE Act and the CARES Act made dramatic changes in RMD rules for 2020 and beyond.
Facebook and Instagram Developers Sued for Privacy Violations In U.S. and UK
September 01, 2020
Facebook filed two separate lawsuits in the UK and U.S. that the company says is part of an ongoing effort to hold developers that abuse its platform accountable.
How to Make Paid Digital Effective for Post-COVID-19 Law Firm Marketing
September 01, 2020
After spending the last six to eight weeks in COVID-crisis mode, most firms are now eyeing a move toward business recovery. This means that it is also now time for law firms to reevaluate their marketing strategies to ensure they are aligned to support business goals in this new climate. One overlooked area that law firms should consider adding to their marketing arsenal is digital paid media.
10th Circuit Looks At Nuances of Challenging Fraudulent Conveyance
September 01, 2020
Under the Bankruptcy Code, not only can the initial recipient of a fraudulent conveyance be held liable, but so too can a subsequent transferee. However, there can be important nuances in the challenged transaction that may provide a subsequent transferee with a substantial defense.

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