Emmet, Marvin & Martin LLP

The ongoing COVID-19 pandemic continues to leave businesses in limbo. Prolonged government shutdowns and health restrictions designed to limit the spread of the coronavirus have disrupted contractual relations across the globe…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

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Jennifer Hall

Pre-judgment Attachment Lien May Be Sufficient “cause” To Lift Automatic Stay

11 U.S.C. 362(d)(1) empowers the Bankruptcy Court to grant relief from the automatic stay on the request of a party-in-interest “for cause, including lack of adequate protection of an interest in property of such party in…more

Automatic Stay, Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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Beth Khinchuk

COVID-19 And The Law: Time To Check Your Force Majeure Clause

Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

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Thomas Pitta

Supreme Court Limits The Avoidance Protection Of Bankruptcy Code §546(E) Where Banks Are Mere Conduits Of Fraudulent Transfers

On February 27, 2018, the United States Supreme Court in the case of Merit Management Group, LP v. FTI Consulting, Inc. settled a long standing split among Federal Circuit Courts by affirming the decision of the Seventh Circuit…more

Avoidance, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Financial Institutions

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Jonathan Pizarro-Ross

Confessions of Judgment: Practices in New York, Pennsylvania, and Ohio

New York attorneys representing commercial lenders often find use for the confession of judgment. This unique tool enables creditors to obtain a monetary judgment against debtors by filing a previously executed affidavit, thus…more

Confession of Judgment, Creditors, Debtors, Default, Judgment Creditors

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Judith Swartz

The Prague Rules Don’t Rule: A Look Into The IBA Challenger, Five Years Later

December 14 of this year will mark the five-year anniversary of the Rules on the Efficient Conduct of Proceedings in International Arbitration (the “Prague Rules”). At the 17th Century Renaissance Martinic Palace in Prague,…more

Arbitration, Arbitration Awards, Arbitrators, International Arbitration, International Bar Association (IBA)

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Emmet, Marvin & Martin LLP

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