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  • Article

    Bankruptcy Sale Offers: Highest Is Not Always Best

    Is there an obligation to sell to the highest bidder in a bankruptcy sale?
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Deed In Lieu: Sometimes It Works, And Sometimes It Doesn’t (Round 2)

    In Kaltenheuser, a deed in lieu of foreclosure was executed and placed in escrow in connection with a settlement agreement approved by a state court order.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Friendly Creditor: On What Basis Can A Plan Vote Be Disregarded?

    A secured creditor (MTGLQ) challenged the votes of another creditor that purchased claims on the grounds that either (1) the creditor should be treated as an insider or (2) it cast its votes in bad faith.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Prepetition Fire Insurance Proceeds: Who Gets The Cash?

    A mortgaged building was destroyed by fire prior to the mortgagor’s bankruptcy filing.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Refinance Mortgage: "Strong Arm" Powers Meet Equitable Subrogation

    In Green, a lender refinanced a first priority deed of trust loan that had been made by IndyMac Bank, F.S.B.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Federal Circuit Clarifies Patent Term Adjustment Provisions

    On January 15, 2014, the Federal Circuit issued in "Novartis v. Lee" its anticipated opinion regarding the proper interpretation of 35 U.S.C. § 154, the statute that determines how patent term adjustment is calculated.
    United StatesIntellectual Property
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Human Genes Are Not Patent Eligible Subject Matter

    The U.S. Supreme Court recently held that human genes are not patent eligible subject matter under 35 U.S.C. §101 simply because they have been isolated from the surrounding genetic material.
    United StatesIntellectual Property
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    District Court Finds Allegations That Data Breach Exposed Publicly Available And Non-Sensitive Personal Information Sufficient For Article III Standing

    Potentially signaling an expansion of the scope of constitutional standing in data breach cases, a district court in the Northern District of California recently held that the exposure of users' non-sensitive, ...
    United StatesPrivacy
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Broker Commissions: Trying To Climb The Payment Priority Ladder

    Real estate agents who worked for Grubb & Ellis Co. prior to its bankruptcy sought allowance of their claims for commissions as an administrative expense.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Green Building Institute Announces Green Globes® Update (A/K/A There Is More To Life Than LEED®?)

    Green Globes is a green building certification system that evolved from BREEAM (UK building certification system).
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Public Private Partnerships For Transportation Act Provides Partnership Opportunities To Private Firms In Pennsylvania

    Pennsylvania recently joined the ranks of more than 30 other states when Gov. Tom Corbett signed legislation permitting public-private partnerships for transportation projects.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Pennsylvania Tax Updates

    Pennsylvania recently passed 72 P.S. § 9111(t), specifically aimed at eliminating the Pennsylvania inheritance tax on small family-owned businesses.
    United StatesTax
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    CFTC Adopts Final Harmonization Rules For Registered Investment Companies Dually Registered As Commodity Pool Operators

    Eighteen months after amending CFTC Regulation 4.5 to narrow the registered investment company exclusion from the definition of commodity pool operator and issuing a companion release proposing to amend certain provisions of Part 4 of its regulations to apply to RICs, on August 13, 2013, the Commodity Futures Trading Commission adopted final rules delineating the harmonization of compliance obligations for RICs that are also required to register as CPOs.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Delaware Court Rules That Forum Selection Bylaws Are Not Per Se Invalid

    A discussion on whether the board of directors of a Delaware corporation may adopt a bylaw that binds stockholders to bring particular types of causes of action against the corporation or its directors in Delaware.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Summary Of HUD’s LEAN 232 Program E-mail Blast Office Of Residential Care Facilities (ORCF), August 28, 2013

    In an effort to summarize the highlights of the LEAN E-mail Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper Hamilton are providing this quick synopsis of the latest LEAN update.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Mortgage Foreclosure: Beware The Automatic Stay

    Under Section 362 of the Bankruptcy Code, filing a bankruptcy case automatically stays a wide variety of actions
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Court Holds Judicial Review Not Available In Broader Public Sector Compensation Restraint Challenge

    The Divisional Court recently issued an important decision, Association of Professors of the University of Ottawa v. University of Ottawa ...
    CanadaLitigation, Mediation & Arbitration
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    How Many Directorships Is Too Many? Vanguard's Evolving View

    In late 2016 ISS and Glass Lewis both revised their proxy voting guidelines to address overboarding concerns.
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    New Jersey Bill Could Put An End To The Use Of Non-Compete Agreements As We Know It

    The New Jersey Legislature has recently introduced a bill that could drastically limit the enforceability of non-compete, non-solicitation, and non-disclosure agreements that New Jersey employers routinely enter into with their employees.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    High-Cost Loan Preemption: Who Is The Lender In A Table-Funded Loan?

    Massachusetts has enacted a Predatory Home Loan Practices Act (Chapter 183C), which among other things requires that lenders making "high-cost" mortgage loans must (i) obtain a certification that the borrower has received counseling and (ii) reasonably believe that the borrower has the ability to make the scheduled loan payments.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP

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