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Navigating the Challenges of Self-Insured Retention in Bankruptcy
April 30, 2025
Bankruptcy filings with personal injury claims can pose complex challenges where self-insured retention obligations of the debtor under its insurance policies are unfulfilled as of the filing date.
Despite Appearances, Crypto Enforcement Still Has a Pulse
April 30, 2025
The contrast between the Trump Administration’s ostentatious embrace of cryptocurrency and the prior administration’s chilly skepticism has led some to suggest that the multi-billion-dollar industry is at the dawn of an enforcement-devoid free for all. A more recent, lower key announcement, however, indicates that enforcement still has a pulse.
Tax Assessment Often Minimizes Property Owners Costs of Getting and Retaining Tenants
April 30, 2025
The vast majority of commercial real property is valued for tax assessment purposes primarily based on the income approach to valuation. However, it is common to find that the assessor has entirely omitted or overly minimized the costs associated with getting the tenant in the first place.
Co-ops and Condominiums
April 30, 2025
Board Lacked Authority to Mandate Replacement of In-Unit WindowsLiquidated Damages Provision for Construction Delay Did Not Constitute Unenforceable Penalty
ChatGPT’s Ghibli-Style Images Are Testing Copyright Law
April 30, 2025
Last month, a flood of whimsical, dreamlike portraits in the style of Studio Ghibli (the Japanese animation studio) swept across social media. What began as a playful social trend quickly raised legal concerns. Within days, users began reporting that OpenAI had restricted prompts referencing specific artistic styles. This trend offers a live case study of how generative AI may implicate core doctrines of copyright law, including derivative works, substantial similarity, and fair use.
Fresh Filings
April 30, 2025
Notable recent court filings in entertainment law.
The Am Law 100: ‘Flexible’ Compensation Systems Lead to Strong Performance
April 30, 2025
Big Law firms have stepped into a whole different world of partner compensation in the last year, by stretching their spreads, increasing bonus pools, moving to “black box” systems, adding nonequity tiers, and implementing “super” points, among other changes.
Tariffs Bring Largest Decline In CRE Confidence Since COVID
April 30, 2025
Some of the biggest guns in commercial real estate have spoken in the wake of President Trump’s tariff announcements, and their views of the impacts on CRE financing and the economy are bleak.
IP News
April 30, 2025
Federal Circuit Examines Written Description Requirements for U.S. Patent Application Publications Used as Prior Art Under Pre-AIAFederal Circuit Denies Preliminary Injunction In a Biologics Price Competition and Innovation Act Case
Landlord & Tenant Law
April 30, 2025
State and City Prohibitions on Housing Discrimination Do Not Permit Suit Against a City

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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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