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A Symptom of a Broader Issue: Politics vs. Constitutional Law in 'CFPB v. CFSA'
This case was not really about nuances of constitutional appropriations but the fundamental mission of an agency that is tasked with making rules and then enforcing those rules. Unlike the traditional bank regulators that consider the safety, soundness, and overall health of the entities they supervise, the CFPB's mission is that of an enforcer—a "check" on those that are regulated.
Litigation Implications of Using AI Tools in Your Business
Given the rapid adoption of these tools, many businesses may not have considered the impact that their use may have on e-discovery and future litigations. Though predicting the future is a difficult task, it is worth including litigation and e-discovery as part of an impact assessment of using AI tools in your business and what steps should be taken to mitigate those risks.
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.
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.
Bankruptcy Rule 9031: Out of Date and Out of Touch—Why an Amendment is Long Overdue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 The rule is outdated and should be repealed or amended to accord with the reality of today's complex Chapter 11 cases.
Law Journal Press | Digital Book
Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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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.
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.
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?
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.
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.Trending Stories
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