The Rise of OTAs in Defense Contracting: Opportunities, Risks, and What Contractors Need to Know
Corporate Divorce – Preventing and Managing the Break-Up of a Business Partnership
London Partner Roberta Downey Wired for Disputes: Tech, Infrastructure, and the New Frontier of Risk
Eviction Essentials and Lease Management
TortsCenter Podcast | Episode 10 | Law in the Arena: Exploring Equine Legal Matters with Kimbrell Hines
Staying Ahead with Federal Government's Impact on Business
The Briefing: The Stanley Cup Clash - A Trademark Battle
Ways Organizations Can Pursue Legal Collections
Consumer Finance Monitor Podcast Episode: “Accidental Arbitration” -- A New Theory that Would Rein in Consumer Arbitration Clauses and the Scope of the FAA
The Litigation Landscape Explained
Bar Exam Toolbox Podcast Episode 298: Spotlight on Contracts (Part 2)
Bar Exam Toolbox Podcast Episode 297: Listen and Learn -- Third-Party Rights in Contracts (Part 2 - Beneficiaries)
Law School Toolbox Podcast Episode 487: Listen and Learn -- Consideration (Contract Law)
OK at Work: Navigating Customer Terms and Usage
7 Key Takeaways | Ethics in Construction Contract Negotiations and Claims
Bar Exam Toolbox Podcast Episode 257: Listen and Learn -- Consideration (Contract Law)
Viaje al Pasado Legal: Una Reclamación en Piedra
The SaaS Tacks – The Ins and Outs of Negotiating SaaS Contracts
Navigating Power Allocation and Customer Choice in a Regulated Landscape - Energy Law Insights
Do You Need an Arbitration Clause in Your Energy Contract? Pros and Cons
The bankruptcy process is often straightforward: the debtor’s debts are discharged, creditors take a haircut of varying degrees, and life moves on. But some bankruptcy proceedings give birth to complicated agreements that...more
On May 26, 2025, the Court of King’s Bench of Alberta stayed a proposed arbitration in favour of an ongoing receivership proceeding in Mayfield Investments Ltd (Re). This decision marks the first time that an Alberta court...more
Borrowers and lenders must both be aware of the risks relating to uncertainty regarding make-whole premiums in bankruptcy. The enforceability of “make-whole” premiums in bankruptcy has become a hotly contested issue in...more
On December 31, 2024, the Fifth Circuit Court of Appeals (the “Court”) struck down the controversial 2020 “uptier transaction” executed by Serta Simmons Bedding (“Serta”). The Serta case and several other state court and...more
The Petrofac group, a leading international service provider to the energy and infrastructure industries, has successfully obtained an order sanctioning two inter-conditional restructuring plans (Plans). We explore here the...more
Summary: On December 31, 2024, two major appellate court decisions addressed the legality of uptier financing transactions—one involving Serta Simmons Bedding (“Serta”) and the other Mitel Networks Corporation (“Mitel”). Both...more
On March 17, 2025, the U.S. Bankruptcy Court for the Eastern District of Michigan denied a borrower’s motion for summary judgment, finding that a secured loan did not violate Michigan’s usury laws. In so holding, the court...more
Intercreditor Agreements typically are contractual arrangements among lenders of similar or differing priorities to a single borrower secured by the assets of the borrower, often including real estate assets. These multiple...more
No party enters into a lease hoping one day to end up in litigation. The parties desire a smooth, amicable landlord-tenant relationship. However, the potential for disagreements, and ultimately litigation, over a lease is...more
Real estate is one of the most significant costs for an exempt organization. Furthermore, the laws governing landlord-tenant relationships are complicated, as is a well-designed insurance program. These complexities have been...more
As businesses in the real estate industry grapple with the fallout of the coronavirus pandemic, disputes are on the rise. Understanding your contractual rights early on can help you minimize your litigation risks and exposure...more
In the course of managing a construction company, its projects and people, contractors, subcontractors, and owners, are likely to run into legal issues beyond simple claims. In this webinar, Michael McKenna will identify some...more
Although the legal community eagerly awaits the California Supreme Court’s decision on advance waivers in Sheppard, Mullin, Richter & Hampton v. J-M Mfg. (Cal. No. S232946), a recent decision in the Bankruptcy Court for the...more
Fogelson v. Bozzone, 2017 N.M. App. LEXIS 58 (July 26, 2017) - In May of 2008, Wallen Development, LLC (“Wallen”) entered into a written agreement to construct and sell a new home to David and Corinne Fogelson...more
On Sept. 30, a district court resolved a significant portion of outstanding litigation in the bankruptcy proceeding of Lehman Brothers Holdings Inc. and its subsidiaries. See Lehman Bros. Holdings Inc. v. JPMorgan Chase Bank,...more
Waldschmidt v. Singletary Construction LLC (In re Tackett), 516 B.R. 498 (Bankr. M.D. Tenn. 2014) – A bankruptcy trustee sought turnover of profits from the sale of homes constructed by a contractor. The trustee...more