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8th Circuit Affirms Dismissal of Lawsuit Attacking Approved Bankruptcy Sale
October 01, 2019
Sales of substantially all of a debtor's assets are commonplace in corporate Chapter 11 bankruptcies. The sale is supervised and approved by the Bankruptcy Court. Purchasers desire to know that if the sale is consummated, they will be protected from subsequent attacks on the sale and the sale process and presumably more bidders will participate, resulting in greater returns for the estates and creditors. Issues surrounding the finality of a bankruptcy sale were recently reviewed by the U.S. Court of Appeals for the Eighth Circuit.
Producing Breakthroughs in Client Development
October 01, 2019
It is easy to understand why many lawyers feel that only certain special individuals are blessed with the qualities necessary to be rainmakers. But almost anyone willing to develop the qualities necessary can become a rainmaker.
Something to Remember: The Flexibility of Chapter 11 in Retail Situations
October 01, 2019
In the face of increasing pressure from online retailers, and declining foot-traffic in malls and other brick-and-mortar locations, distressed retailers like Things Remembered need to act expeditiously to execute going-concern transactions if they are going to survive the market disruption.
In the Courts
October 01, 2019
New Developments In Och-Ziff FCPA Settlement As Brooklyn Judge Grants Victim Status to Former Investors In Restitution Claim over Lost African Mining Venture
Legal Tech: New Cases Provide Insights on the FRCP 37(e) 'Reasonable Steps to Preserve' Requirement
October 01, 2019
The Franklin and Culhane Cases Demonstrate the Importance of Both Implementing and Then Following Corporate Litigation Readiness Measures for Purposes of FRCP 37(E) An evaluation of FRCP 37(e) necessarily entails examining key motion practice flash points that have arisen since the implementation of the rule. One of the most significant of these flash points is what constitutes "reasonable steps to preserve" relevant ESI.
Legal Possession: What Does It Mean?
October 01, 2019
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.
Business Crimes Hotline
October 01, 2019
Former Cognizant Technology COO Settles FCPA Case In Relation to India Office Construction Project
Mitigating Lender Risk in Constructive Fraudulent Transfer Litigation
October 01, 2019
Lenders must carefully analyze the full ramifications of how best to approach the constructive fraudulent transfer issue when it emerges in their bankruptcy case.
Legal Tech: Demystifying Social Media Discovery
October 01, 2019
Social Media Escapes an Easy Definition, But You Know It When You See It While it would be helpful to understand the technical details of collecting data from various social media platforms, what's more important is what parts of social media might be relevant to a dispute and what that means for both the requesting and producing parties.
Case Notes
October 01, 2019
Court Decides Who Is the 'Prevailing Party' No Duty to Collect Rent from Subsequent Tenant

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