Lease Terminations As Fraudulent Transfers
June 01, 2023
Is an insolvent debtor's pre-bankruptcy termination of a commercial lease a fraudulent transfer? The circuit courts seem to be split, however a close reading of cases in the Third and Seventh Circuits shows that the reasoning of both courts can be reconciled on their facts.
IP Considerations for ITC General Exclusion Orders
June 01, 2023
In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For IP owners facing infringing imported products from numerous elusive sources, a GEO can be a powerful remedy to tackle all infringing products at once.
Fresh Filings
June 01, 2023
Notable court filings in entertainment law.
Client Development Through Law Firm Health & Hygiene: A Practical Guide
June 01, 2023
Your clients are what they are, clients. The idea that they can be turned into bigger clients by you developing them is a myth. If you need to develop yourself to make your clients bigger — such that they send you more of their business more often — how do you go about it?
Ticket Resellers' Campaign Raises Securities Law and Money Laundering Issues
June 01, 2023
Some markets allow for the sale of a future contract for tickets that have not gone on sale as yet (i.e., "speculative ticketing"). The future contract, like an option or a commodities future, allows someone to purchase the right to buy a ticket once the tickets are offered for sale. This seems to implicate securities law issues, broker-dealer regulations and potentially the general solicitation rule.
The Role of Third-Party Releases In Successful Chapter 11 Reorganizations
June 01, 2023
Part Two of a Two-Part Article
In Part Two, we continue the analysis by evaluating two constitutional issues arising from third-party releases: whether creditor consent to be bound by a third-party release is required to satisfy the due process clause of the Fifth and Fourteenth Amendments; and whether bankruptcy courts have constitutional authority to issue final orders granting third-party releases in a plan of reorganization under Stern v. Marshall.
The Future of the Office Real Estate Market
June 01, 2023
It appears that at least some form of hybrid work schedules — much more than existed pre-pandemic — are likely here to stay. How these increased trends may impact the office market and demands for office space in the foreseeable future remains to be seen.
Players On the Move
June 01, 2023
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Rule 10b-5 Liability: The Second Circuit and 'Rio Tinto'
June 01, 2023
Part Three of a Three-Part Article
The first two installments exposited Janus Capital Group, Inc. v. First Derivative Traders and Lorenzo v. S.E.C., both essential to understanding S.E.C. v. Rio Tinto, the Second Circuit's most recent holding regarding Rule 10b-5 "scheme" liability. Now we examine how the "Mother Court" of federal securities law has tended to that branch of the mighty judicial oak rooted in that venerable regulation.
