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The Future Viability of 105(a) Injunctions Following the Supreme Court's Decision In 'Purdue Pharma'
August 01, 2024
Until now, a successful reorganization assumed the debtor could confirm a plan with nondebtor releases and injunctions based on less than full creditor consensus. Now that nonconsensual releases in Chapter 11 plans are no longer permitted, will debtors have a more difficult time obtaining a 105(a) injunction?
Louisiana Federal Court Delivers Ruling on Worldwide Rights in 1960s Party-Rock Song Copyright
August 01, 2024
"Double Shot (Of My Baby's Love)," a hit record for the Swingin' Medallions in the 1960s, became an enduring party-rocker from that era. Today, rights in the "Double Shot" musical composition are at the center of litigation in Louisiana federal district court.
Leveraging Law Firm KPIs for Business Success
July 01, 2024
Utilizing Key Performance Indicators (KPIs) in a law firm is crucial for evaluating performance, profitability, client satisfaction, and overall success. Understanding which attorneys are the most profitable, which matters are the most lucrative, and the cost of acquiring new clients is crucial for making informed business decisions.
DOJ's Cyber Fraud Initiative Is a Wake-Up Call That Keeps Ringing
July 01, 2024
The DOJ's Cyber-Fraud Initiative's results and DOJ's guidance on corporate compliance have made the point to government contractors and corporate America — "now is the time to invest and reinvest" in cybersecurity compliance.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
July 01, 2024
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Blockchain Domains: New Developments for Brand Owners
July 01, 2024
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Appellate Courts Skeptical About Bankruptcy Court Sanctions
July 01, 2024
Recent appellate decisions reflect a distaste for appeals from bankruptcy court sanction orders. A split Fourth Circuit even refused to hear such an appeal. Other courts tend to limit sanctions or, alternatively, accept a bankruptcy judge's findings under a stringent "abuse of discretion" standard.
DOJ's Cyber Fraud Initiative: A Wake-up Call That Keeps Ringing
July 01, 2024
DOJ's Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.
Landlord Liable for Retaliating Against Maker of False Discrimination Claim
July 01, 2024
What responses are available to a landlord after a false claim of discrimination? The Court of Appeals faced that issue and held that a landlord may not seek to recover the damages it has suffered as a result of a false discrimination claim, so long as the claim was made in good faith.
Fourth Circuit Could Decide Fate of the 'Texas Two-Step'
July 01, 2024
An influential appellate court has agreed to take up a bankruptcy involving the controversial "Texas two-step," potentially deciding the merger tactic's fate in future Chapter 11 cases. The Fourth Circuit agreed to hear a petition to dismiss the bankruptcy of Bestwall, a subsidiary of Koch Industries-owned Georgia-Pacific, created through a "Texas two-step" to resolve 60,000 lawsuits over asbestos exposure.

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    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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