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Post-Bankruptcy Petition Lease Claims Don't Automatically Result In An Administrative Expense Claim for Unpaid Rent
August 01, 2024
If a commercial landlord desires to request post-bankruptcy petition rent and enforcement of other terms of the lease, they should immediately make formal demand for rent and compliance
SEC Crypto Enforcement Actions Raise More Questions Than Answers
August 01, 2024
A decision in the SEC's enforcement case against Ripple Labs was hailed as vindication for the industry's position that the SEC lacks the proper legal authority to regulate crypto. However, several conflicting rulings followed. So where does the crypto industry go from here? The answer is not so simple.
Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations
August 01, 2024
In a landmark decision, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent.
Protecting Trademarks and Brands Against Sophisticated AI-Driven Scams and Schemes
August 01, 2024
Attorneys and companies alike are witnessing a paradigm shift occurring during the protection of intellectual property assets, encountering more sophisticated solicitations designed to appear as official correspondence from the USPTO, and outright scams utilizing information publicly available through the USPTO for pending trademark applications and existing registrations.
Cap Rate Misery Impacts CRE Investors
August 01, 2024
The low cap rate regime became a game of musical lifeboats on the Titanic and the big question was, who would get stuck without a lifeboat as the mighty ship sank?
A Midsize and Boutique Go-to-Market Checklist
August 01, 2024
Midsize and boutique firms can significantly increase their chances of competing with large "Goliaths" by building the right systems and processes to streamline pitches and awards, increase realization rates/partner point values, and reduce staff turnover.
Co-ops and Condominiums
August 01, 2024
Condominium Purchaser Was On Inquiry Notice of Unrecorded Easement Condominium Board May Not Depart from Declaration's Funding Provisions Failure to Make Repairs Does Not Excuse Failure to Pay Common Charges
Effectively Managing Partner Autonomy
August 01, 2024
The past decade has brought a significant rise in internal conflict within partnerships. Partners are wielding their autonomy to speak out (often forcefully) in favor of or opposition to broader firm decisions. This dynamic is leaving many law firms at a disadvantage.
Is FEPA As Impactful As It Was Promised to Be?
August 01, 2024
FEPA, which amends the federal domestic bribery statute has been touted by some as "the most sweeping and consequential foreign bribery law in nearly half a century." But will it end up being an influential force combatting corruption or a paper tiger?
Federal Circuit Overrules 'Improperly Rigid' Obviousness Test
August 01, 2024
In an eagerly anticipated decision involving the proper standard for assessing when a claimed design is obvious, the Federal Circuit overruled the Rosen-Durling test that courts and the USPTO have been applying for nearly 30 years, calling the test "improperly rigid" and inconsistent with Supreme Court precedent.

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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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  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
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