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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
Law Firm Leadership Isn't a Role, It's a Mindset
October 01, 2019
When a law firm does not subscribe to a traditional corporate structure At most companies, the leadership structure is typically clear and hierarchical. But what does leadership look like at a law firm when a traditional corporate structure doesn't apply?
Knick: Opening the Federal Courts to Taking Claims
September 01, 2019
When a landowner contends that government action has effected a taking of her property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, where can she sue? Until this past June, when the Supreme Court decided Knick v. Township of Scott, the answer was clear: state court and only state court. Knick changed all that.

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