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New York Law Journal

Fifth Circuit Weighs In, Finds Section 523(a) Applies to Corporate Debtor in Subchapter V

The Fifth Circuit, in 'In re GFS Industries', recently issued a decision siding with the controversial 'Cleary Packaging' decision. All of a sudden, the subchapter V debtor's efforts to use a streamlined procedure could be undermined by Section 523(a) litigation even outside the Fourth Circuit.
7 minute read

New York Law Journal

Trends in Litigation, Part 3: Oral Contracts and Quasi-Contracts

Adrienne Koch's third in her a four-part series that examines how litigation can shape the evolution of best practices in the real estate industry. This article focuses on circumstances in which contractual or contract-like liability can arise even in the absence of a written contract, and the importance of a drafting approach to avoid surprises.
6 minute read

New York Law Journal

Federal Circuit To Decide Constitutionality of 'Bad Faith' Patent Litigation Statutes

On May 3, 2023, Judge David C. Nye of the District of Idaho imposed the first-ever bond order under Idaho's Bad Faith Assertions of Patent Infringement Act. In that order, the court required patent owner Katana or its parent company, Longhorn, to post an $8 million bond before allowing it to proceed with its patent infringement suit against Micron.
9 minute read

New York Law Journal

Supreme Court Rejects Fifth, Eleventh Circuit's First Amendment Decisions

The ability of social media sites to prioritize or delete content has resulted in movements to limit the moderating power of these entities, and allow all opinions, particularly on political issues, broad and "uncensored" access to express the most extreme positions of both the left and right.
9 minute read

New York Law Journal

Protecting Confidential Information and Trade Secrets Amid Layoffs and Weakened Non-competes

If non-compete agreements are officially banned and businesses are looking to avoid bureaucratic hurdles that come with patents, Joe Barber and Scott Frost discuss how companies can protect their trade secrets.
9 minute read

New York Law Journal

Supreme Court Agrees To Decide Another Mail/Wire Fraud Question

This article describes different approaches taken to a "fraudulent inducement" theory of liability by contrasting the Third Circuit's decision in 'Kousisis' with the Second Circuit's different approach. It concludes with observations on the potential significance of a Supreme Court ruling that further limits the scope of mail/wire fraud.
10 minute read

New York Law Journal

Mezzanine Loans and UCC Foreclosures: Recent NY Case Law on the Commercially Reasonable Standard

This article explores a recent case from the Southern District of New York that discusses certain requirements under the UCC related to the mechanism by which a secured party can dispose of its collateral upon an event of default by the borrower.
8 minute read

New York Law Journal

A Continued Lack of 'Grace' in Legal Malpractice

Today in 2024, after a decade of discussing 'Grace v. Law,' author Andrew Bluestone re-surveys the field for Grace "likely to succeed" legal malpractice dismissals, finding the landscape "relatively unpopulated."
9 minute read

New York Law Journal

Proposed Settlement of Securities Class Action Concerning Alleged Bribery Scheme Approved as 'Fair and Reasonable'

In 'In re Tenaris S.A. Securities Litigation', Judge Kiyo Matsumoto found that the proposed settlement satisfied both procedural and substantive fairness. As to procedural fairness, the court found that the settlement resulted from arm's-length negotiations enhanced by substantial discovery and that lead plaintiffs and lead counsel had adequately represented the settlement class because they had engaged in "vigorous advocacy" on its behalf.
11 minute read

New York Law Journal

Planning Ahead for Tax Liabilities

A noteworthy aspect of such planning, and the focus of this article, is the benefit, if any, of planning in advance for the relief from certain federal income tax liabilities potentially available to a married couple who reside together.
11 minute read

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