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September 25, 2024 | Law.com

Circuit Courts Split on Review of Bankruptcy Court's Denial of Motion to Dismiss

Appellate courts are split on whether to review a bankruptcy court's denial of a motion to dismiss an entire case. Two district judges within the past few months, hearing appeals from the bankruptcy court, have reached contrary results that underline the split among the nation's courts of appeals.
11 minute read
September 24, 2024 | Daily Business Review

Rising Tide of Litigation: Navigating the Growing Legal Challenges Against State Cannabis Programs and Its Impact

With a projected market of $112.4 billion by the end of 2024—a roughly 12% increase in sales from the following year, it is no surprise operators will take every measure to obtain a coveted license in the cannabis industry, even if that means taking it to the courts.
8 minute read
September 23, 2024 | New York Law Journal

Generative AI in the Practice of Law

Lawyers' duty of competence now includes a component not widely discussed until recently—the use of artificial intelligence (AI) tools in the practice…
8 minute read
September 20, 2024 | New York Law Journal

The 'Bad Actor Syndrome' in Matrimonial and Family Law: The Misbehaving Spouse or Parent

"All too often such behavior on the part of the bad actor is intentionally designed to place the other party at a psychological or informational disadvantage," write Alton L. Abramowitz and Leigh Baseheart Kahn.
23 minute read
September 18, 2024 | New York Law Journal

The Excessive Fines Clause Comes for the FBAR Civil Penalty

"But long before Congress adopted this penalty structure, the Eighth Amendment to the Constitution prohibited the federal government from imposing 'excessive fines,'" writes Jeremy H. Temkin.
9 minute read
September 18, 2024 | New Jersey Law Journal

Personal Liability Following a Deed in Lieu of Foreclosure in New Jersey

"This makes a deed in lieu of foreclosure an attractive loss mitigation option for a defaulting homeowner in New Jersey," writes Myron C. Weinstein
8 minute read
September 17, 2024 | The American Lawyer

Deal Watch: Midmarket Private Equity Activity Helps Fuel Law Firm Demand

The lack of big PE deals has been a damper on overall deal activity while midmarket work has picked up some of the slack. That may change soon.
8 minute read
September 16, 2024 | New York Law Journal

Noncompete Agreements Survive the FTC and a Noncompete Provision Survives Rejection

Debtors should carefully consider the impact of these contingencies in evaluating whether noncompete clauses survive rejection. Stepping back, companies should also review how they use noncompetes and explore other methods of safeguarding confidential data, intellectual property and trade secrets.
8 minute read
September 13, 2024 | The American Lawyer

A&O Shearman's Entire South African Team in Advanced Talks to Join Bowmans

More than 30 of its Johannesburg lawyers—including seven partners and managing partner Gerhard Rudolph—are expected to receive their pink slips by the end of the year, a move already slammed by critics as 'distasteful' and 'disgraceful'.
2 minute read
September 12, 2024 | Law.com

Avoiding Double-Dipping: U.S. Trustee Fees and Creditor Trusts

The U.S. Trustee has recently taken the position that GUC Trusts (creditor trusts formed under bankruptcy plans) should be required to pay fees on account of their own disbursements to creditors. The outcomes in three recent bankruptcy cases highlight different approaches to addressing the U.S. Trustee's argument: closing bankruptcy cases early, deferring the issue to a later date, or focusing on the distinction between contingent and non-contingent assets.
10 minute read

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