The American Lawyer | Analysis
By Dylan Jackson | February 4, 2021
"I think it will be unwise to think it will return to the old rigidity," one consultant said.
New Jersey Law Journal | Analysis
By Mark J. Oberstaedt and Amy E. Pearl | February 3, 2021
Members control their own fate, but they tempt that fate unnecessarily if they wait until it is too late to review the LLC's operating agreement.
New Jersey Law Journal | Analysis
By New Jersey Law Journal | February 1, 2021
PPP Loan Liability and Bankruptcy -- Defending Lawsuits to Recover Preferential Transfers -- Foreign Investors: Understanding the Chapter 11 Sale Process -- Thanks to 3d Cir, Creditors May Have Clearer Path to Pursue Plunderers of Bankrupt Company -- Considerations That Loom Large Over the Small Business Debtor
The American Lawyer | Analysis
By Justin Henry | February 1, 2021
"What the pandemic brought home was that the office managing partners actually depend on communication among each other," Ballard Spahr chairman Mark Stewart says.
New Jersey Law Journal | Analysis
By Christopher P. Mazza and Rachel A. Parisi | January 29, 2021
This article highlights some recent decisions regarding the Small Business Reorganization Act, including, eligibility requirements, electing treatment under the SBRA, and considerations during the plan confirmation process.
New Jersey Law Journal | Analysis
By Jonathan Bick | January 29, 2021
An abusive review is a violation of an implied obligation in all contracts. If an internet consumer entered into a contract for the sale of goods or services, a duty of good faith and fair dealing springs into existence.
New Jersey Law Journal | Analysis
By Kenneth L. Baum | January 29, 2021
In its recent decision in 'In re Wilton Armetale,' the Third Circuit removed one major obstacle to certain creditors by confirming that standing is not an obstacle to them taking the baton back from the trustee and continuing a litigation under some circumstances.
New Jersey Law Journal | Analysis
By Eric H. Horn and Heike M. Vogel | January 28, 2021
A look at the Chapter 11, section 363 sale process, and the less common plan process. Plus, certain US regulations may be applicable in Chapter 11 when assets are sold to foreign investors. These US regulations are also addressed in this article.
New Jersey Law Journal | Analysis
By Judie Saunders | January 28, 2021
After decades of abuse being silenced, whistleblower laws are one way to add a much-needed layer of protection for young athletes and their parents who allege abuse by a coach.
New Jersey Law Journal | Analysis
By John M. August | January 28, 2021
The Bankruptcy Code and state insolvency laws contain several defenses to the recovery of preferential transfers which often reduce or eliminate the preference exposure in many, if not most, cases. This article provides an overview of the defenses and suggestions to obtain the best settlement possible.
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