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Can A LLC President File for Bankruptcy Over Objections of Debtor’s Other Members?
December 01, 2024
Through a unilateral bankruptcy filing, a president and manager of a limited liability company sought to utilize the Chapter 11 process and sell a debtor’s business as a going concern over the objection of the debtor’s other members. In this case, the issue was whether the president was authorized to do so.
High National Debt Is Bad for CRE
December 01, 2024
The federal debt is a huge number at $36 trillion. That has major implications for the government and the economy. Debt numbers this large automatically send out ripples the size of tsunamis. Some of them could wash over long-term Treasury yields and then flood the cost of commercial real estate capital.
What the GOP’s Tax Plan Might Actually Look Like
December 01, 2024
With Republicans poised to take control of the White House and Congress, the odds are high that key elements of the 2017 Tax Cuts and Jobs Act set to expire at the end of 2025 will in fact be extended — potentially for the better part of the next decade. Still, given the relatively narrow majorities expected in both the House and the Senate, the exact path forward for tax reform and broader federal budget negotiations also includes some unknowns.
The 2024 LTN Law Firm Tech Survey
December 01, 2024
The 2024 LTN Law Firm Tech Survey spoke with 30 technologists at top U.S. law firms to get a sense of what technology issues they faced over the past year, how their technology posture, policies and investments are changing, and their thoughts on technology’s impact on the future of the legal industry.
Partners May Hold the Key to Transforming Their Firms Into Sought-After Opportunities
December 01, 2024
Structural, generational and workplace trends are redefining the professional development landscape. There is a new model emerging — one which recognizes the value of human skills in client development and talent retention and acknowledges the firm’s responsibility in helping budding lawyers build these skills. Yet today’s partners typically have notable gaps in the areas most needed today. One area, in particular, few get the training they need to be most effective in leadership.
Development
December 01, 2024
Department of Environmental Conservation Misapplied Statute
'Melendez/Bochner': No Guarantee the Guaranty Law Survives Constitutional Scrutiny
November 25, 2024
After nearly four years of litigation, the Second Circuit held recently that a small commercial landlord lacked standing to seek declaratory relief against the City of New York challenging the Guaranty Law under the Contracts Clause of the U.S. Constitution.
Fifth Circuit Rejects Majority 'Independent Economic Value' Test for Infringement Damages
November 01, 2024
Most of the federal circuit courts that have addressed what qualifies either as a "compilation" or as a single creative work apply an "independent economic value" analysis that looks at the market worth of the single creation as of the time when an infringement occurs. But in a recent ruling of first impression, the Fifth Circuit rejected the "independent economic value" test in determining which individual sound recordings are eligible for their own statutory awards and which are part of compilation.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
November 01, 2024
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
Authentic Communications Today Increase Success for Value-Driven Clients
November 01, 2024
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.

MOST POPULAR STORIES

  • 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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  • The Landlord's Lien under the Uniform Commercial Code
    While used less frequently than security deposits and personal guarantees, granting the landlord a security interest in its personal property can enhance a tenant's credit. This device may be more effective when conferred by certain types of tenants than by others, but nevertheless, it may provide the landlord with a potent default remedy, particularly in a fragile market.
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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • Legal Possession: What Does It Mean?
    Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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