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December 13, 2024 | The Legal Intelligencer

Delaying Rent Payment by Assisted Living and Skilled Nursing Facilities in Chapter 11

One of the most significant calls on cash involves post-petition rent obligations due on leased facilities. Under Section 365(d)(3) of the Bankruptcy Code, post-petition obligations with respect to leased “nonresidential real property” must be timely paid. While the code draws a distinction between residential and nonresidential real property, there is no explicit definition of “nonresidential,” thus creating difficult issues in certain health care cases.
7 minute read
December 13, 2024 | Litigation Daily

Litigators of the Week: 3 Former SGs Team Up In a Major Opioid Win for Pharmacies at the Ohio Supreme Court

The state’s high court found that the Ohio Product Liability Act barred public-nuisance claims that resulted in a $650 million verdict for two Ohio counties. Jeffrey Wall of Sullivan & Cromwell represented Walgreens, Noel Francisco of Jones Day represented Walmart and Donald Verrilli Jr. of Munger, Tolles & Olson represented CVS.
7 minute read
December 11, 2024 | New Jersey Law Journal

How New Jersey’s Pragmatic Bankruptcy Approach Sets It Apart Post-'Purdue Pharma'

The Chapter 11 filing statistics clearly show that New Jersey has emerged as a strong venue option. The question is why? The answer, we submit, is consistency and pragmatism.
7 minute read
November 25, 2024 | The Legal Intelligencer

Debtor-Owner Allowed to Modify Mortgage in Bankruptcy Even if Debtor Is Not Obligor Under the Mortgage Loan

In a recent decision in In re Taing, the U.S. Bankruptcy Court for the District of Massachusetts held that a mortgagee holds a claim that could be modified by a Chapter 11 plan even if the debtor was not indebted under the mortgage, but limited the ability to “cram down” the plan terms against the lender to the extent it modified the lender’s rights against the nondebtor obligor.
7 minute read
November 07, 2024 | The American Lawyer

Corporate Practice of the Year: The Finalists

The general winner, along with the winners of the specialty categories, will be announced Nov. 13 at The American Lawyer's Industry Awards.
10 minute read
November 06, 2024 | Delaware Business Court Insider

Boy Scouts Bankruptcy Appeal Raises Questions on Mootness, Releases

For those who have already received compensation, a lawyer representing abuse victims said, it's come at a personal cost, as the terms of the effective plan have required them to answer 81-page questionnaires, sit for depositions and ask others to submit affidavits as proof of their scouting involvement.
4 minute read
November 05, 2024 | Delaware Business Court Insider

The 'Next Battleground' in Chapter 11: Third Circuit Set to Weigh Opt-Out Releases

A subset of sexual abuse accusers whose compensation is a key part of the plan and a group of Boy Scout insurers—have spent years challenging third-party releases that were made part of a global settlement.
5 minute read
November 05, 2024 | National Law Journal

End of an (Chevron) Era: DC Circuit Tackles Challenge to Fishing Monitor Rule, Again

Judges said the court could turn to the statute's legislative history and other avenues to uphold the regulation even with Chevron deference gone.
4 minute read
October 31, 2024 | Law.com

Inside Track: Lawyers for Big Tech Give Harris Benefit of Doubt, Despite Pummeling They Took Under Biden

Amazon General Counsel David Zapolsky has been deeply critical of antitrust enforcement during the Biden administration. Nonetheless, he's so keen on Kamala Harris that he recently co-hosted a high-dollar fundraiser for her.
7 minute read

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