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June 07, 2024 | New York Law Journal

Are Make-Whole Provisions Enforceable in Bankruptcy? It May Depend on Where the Debtor Files

Most make-whole provisions are enforceable outside of bankruptcy, but courts have issued conflicting decisions on their enforceability in Chapter 11 cases.
8 minute read
June 07, 2024 | New York Law Journal

Article 12 Amendments to UCC Can Fix 'Fatal Flaws' of Laws Governing Digital Assets

Updating the NY UCC will further New York's well-established policy of encouraging New York choice of law and jurisdiction in commercial contracts and will help facilitate ever-growing electronic commerce in New York.
8 minute read
June 07, 2024 | New York Law Journal

Hitting 'Pause' on the Corporate Transparency Act: Part II

In Part 2 of his two-part series, Anthony Sabino continues his discussion of "National Small Business United v. Yellen," which held the Corporate Transparency Act to be unconstitutional on multiple grounds.
8 minute read
June 07, 2024 | New York Law Journal

Bankruptcy Rule 9031: Out of Date and Out of Touch—Why an Amendment is Long Overdue

Rule 9031 of the Federal Rules of Bankruptcy Procedure prevents all bankruptcy judges and, if broadly interpreted, any federal judge hearing bankruptcy cases and proceedings, from appointing special masters. The rule is outdated and should be repealed or amended to accord with the reality of today's complex Chapter 11 cases.
9 minute read
June 07, 2024 | New York Law Journal

Who Enforces New York's Good Cause Law?

In this article, Erica F. Buckley provides an overview of the Good Cause Eviction Law, the role of the Division of Housing and Community Renewal and whether she believes the New York Attorney General will seek to enforce Good Cause.
9 minute read
Law Journal Press | Digital Book A Letter from Your Client Authors: By Alex Geisler View this Book

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June 07, 2024 | New York Law Journal

The New Venue Debate: Inefficiencies of Applying a Dated Statute to a Modern World

While debtors' selection of venue in Chapter 11 cases and the relevant statutes have been the subject of historical debate, the scrutiny of venue has noticeably increased with a material uptick in venue inquiries and formal objections.
8 minute read
June 07, 2024 | New York Law Journal

A Biblical Reconciliation Between Judaism and Islam: A Lesson for Everyone, Everywhere

Given the current deep divide in America on everything—politics, economics, race and human rights—and everywhere—urban/rural, coastal/heartland, and the widespread lack of tolerance for diversity and treatment of opponents as enemies, is it fair to ask whether Americans can live together peacefully and treat the public interest as taking precedence over private privilege and personal political expediency?
6 minute read
June 07, 2024 | New York Law Journal

Are Bankruptcy Avoidance Actions Becoming a Marketable Asset Class?

Courts have limited standing to pursue those actions to parties who can be classified as a "representative of the estate" under Section 1123 of the Bankruptcy Code. The Fifth Circuit's recent ruling in 'In re South Coast Supply' may change all that.
9 minute read
June 07, 2024 | The Legal Intelligencer

Tackling Plastics Pollution: We Can Do Better

Plastic products are inexpensive to manufacture and are durable. They can be formulated to perform well in a wide range of products such as pipes, fishing gear, food and beverage containers, packaging and wrapping, household products, clothing containing synthetic fibers, and vehicle tires, among other products. They are ubiquitous.
7 minute read
June 07, 2024 | The American Lawyer

The UK Law Firms With the Highest Profit Margin

The same five firms remain those boasting the highest operating profit margin in the UK Top 50, according to analysis of LLP accounts.
2 minute read

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