New York Law Journal | Analysis
By Ronald K. Gardner | September 27, 2019
In this Franchising column, Ronald K. Gardner writes: While franchising works for a lot of people, when it doesn't work, the system has evolved to a place where it is the franchisee that carries the vast majority of the financial risk—for it is the franchisee that holds the lease or the mortgage, the franchisee that owes the taxes, and the franchisee that signs the personal guarantees.
New York Law Journal | Analysis
By Paul D. Sarkozi, Maxwell Palmer and Richard Trotter | September 27, 2019
Will New York join the 11 other states in which recreational cannabis will be legal in 2020? If it does, where will federal courts in New York and New York's Commercial Division turn for guidance as they adjudicate novel issues presented by the commercialization of a formerly illegal substance, and one that remains illegal at the federal level?
By ALM Staff | September 27, 2019
Motley Rice talks about what issues landed the firm on the National Law Journal's 2019 Elite Trial Lawyers list.
By ALM Staff | September 27, 2019
Reid Collins & Tsai talks about what issues landed the firm on the National Law Journal's 2019 Elite Trial Lawyers list.
By Dan Packel | September 25, 2019
Attorneys for the dissolving firm and its lender will square off in court Thursday over a U.S. trustee's motion seeking to appoint a liquidator.
By Angela Turturro | September 23, 2019
In this Special Report: "Navigating the Retail Apocalypse," "Bogart That Joint, But Don't Bankrupt It: Cannabis Businesses in Bankruptcy," "Faster, Shorter, Smarter, Better: Strategies for a New Era of Bankruptcy," "When the American Dream Ends in Bankruptcy, Immigrant Entrepreneurs Face Unique Challenges," "D&O Policy 'Bankruptcy Exclusion' Held To Be an Unenforceable 'Ipso Facto' Clause," "CDS 'Net Short' Holder Market Developments" and "Mitigating Lender Risk in Constructive Fraudulent Transfer Litigation."
By Arthur Steinberg and Michael R. Handler | September 20, 2019
Lenders must carefully analyze the full ramifications of how best to approach the constructive fraudulent transfer issue when it emerges in their bankruptcy case.
By Bradford J. Sandler and Jonathan J. Kim | September 20, 2019
There may continue to be high numbers of retailers filing for bankruptcy protection in the short term, based on macroeconomic and industry-specific developments, but retailers that are proactive and comprehensive in their approach will be much more likely to avoid being a part of the "Retail Apocalypse."
By Mark D. Silverschotz | September 20, 2019
This new decision is significant because lawsuits against former (and current) officers and directors of debtors commonly are brought by trustees, creditors' committees so-empowered by bankruptcy court orders, or, as here, by trusts established under plans of reorganization. Because insurance policies often are the only viable source of recovery for the claims asserted in such lawsuits, this decision potentially opens a pathway to creditor recovery in other similar matters.
By Robert J. Rock | September 20, 2019
No matter what the size of the businesses, the United States provides a plethora of examples of success but also, unfortunately, failure.
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