Three Things Trustees Should Know About Due Diligence in Preference Litigation
January 01, 2024
Courts have struggled with the interpretation of the 2019 amendment to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff's complaint. While the law is still developing, there are three important takeaways for trustees to consider.
Keeping Track of Developments in Cases That Pit Creative Content Against AI Programs
January 01, 2024
2024 starts off with court decisions and procedural rulings that took shape in 2023 in lawsuits that were filed over the collision of creative content with generative AI programs. Most of the complaints allege copyright infringement and related claims prompted by the unlicensed copyright works that AI companies input into their AI programs.
How Likely FTC's Comments On Copyright & AI May Become Policy
January 01, 2024
The FTC said that the misuse of training data like infringing on a work's copyright license is tantamount to unfair competition, thus implicating consumer protection with copyright policy and securing the agency's jurisdiction in the regulatory space.
Distressed Real Estate Bankruptcies Continue, Despite Interest Rate Peak
January 01, 2024
Although interest rates may have peaked, we continue to expect a large volume of distressed real estate debtors to utilize the bankruptcy system over the next couple of years. This article analyzes two recent decisions regarding distressed real estate bankruptcies, both of which involve rights of real estate lenders against proceeds of collateral other than the real estate itself.
Nurture Your Clients To Develop, and Deepen, Relationships
January 01, 2024
Business development is, first and foremost, about people and your relationships with these people. While marketing and visibility activities (speaking, writing, etc.) are critical, it's the people who ultimately make the hiring decisions. As a lawyer, while time is rarely on your side, developing your Nurture System will help you strengthen and deepen your important relationships in ways that are sustainable and effective.
Distressed Real Estate Filings to Continue
January 01, 2024
Although interest rates may have peaked, we continue to expect a large volume of distressed real estate debtors to utilize the bankruptcy system over the next couple of years. This article analyzes two recent decisions regarding distressed real estate bankruptcies, both of which involve rights of real estate lenders against proceeds of collateral other than the real estate itself.