The Southern District of Texas Bankruptcy Court recently underscored the importance of carefully implementing Chapter 15 eligibility. In its Geden and Siu-Fung decisions, the court reasserted its independent duty to scrutinize foreign recognition requests, providing constructive guidance on the steps foreign representatives should take to strengthen their Chapter 15 filings. The rulings offer practical lessons for ensuring …
Understanding Warranty Risk: Why Warranties Belong in a Captive – Part 2
In Part 1, we explored what warranties are, how warranty claims work, and the relevant legal framework under the Uniform Commercial Code. Now that we understand the mechanics of warranties, we can examine why they are an attractive option for captive insurance programs. Administrative Benefits of a Warranty Program In a fronting program, the insured …
Continue reading “Understanding Warranty Risk: Why Warranties Belong in a Captive – Part 2”
Dear Counsel, Meet Exhibit A: Your Client’s ChatGPT History
Privilege and Work Product in the Age of AI Depending on which court you ask, your latest prompt to an artificial intelligence (“AI”) chatbot is either a protected private thought or a voluntary disclosure to someone other than your lawyer. In a legal landscape struggling to keep pace with technology, two ‘first-of-their-kind’ rulings—United States v. …
Continue reading “Dear Counsel, Meet Exhibit A: Your Client’s ChatGPT History”
Cannabis Patents: How Evolving Marijuana Laws Affect Plant, Seed, and Processing Innovation
Abstract The uneven evolution of federal and state cannabis laws continues to frustrate cannabis business operations, including, but not limited to, how intellectual property is created, valued, and deployed. While trademark rights remain closely tethered to lawful commercial use in interstate commerce,[1] patent rights operate under a different legal framework—one that has historically permitted protection in …
FinCEN Simplifies CDD Requirements for Financial Institutions
On February 13, 2026, FinCEN issued an Order providing “exceptive relief” to covered financial institutions (including banks, savings associations, and broker-dealers). The order simplifies the requirements for obtaining beneficial ownership information (“BOI”) for a legal entity customer each time the customer opens a new account. Under the Order, a covered financial institution is required to …
Continue reading “FinCEN Simplifies CDD Requirements for Financial Institutions”
Understanding Warranty Risk: How Warranties Work – Part 1
Commercial auto, workers’ compensation, and general liability insurance receive the lion’s share of attention from the captive marketplace. This focus is understandable. Commercial auto and workers’ compensation insurance are not only legally mandated but often contractually required. Liability insurance (CGL) indemnifies the insured against the most ubiquitous cause of action – negligence, making it a …
Continue reading “Understanding Warranty Risk: How Warranties Work – Part 1”
You Use It, You Pay for It: TRP Brands Reinforces Landlord Rights
When tenant debtors continue to use leased space after filing for bankruptcy, they, by definition, benefit from such use. Landlords often hold off on pressing available remedies because of the debtor’s continued use and failure to reject. The TRP Brands decision confirms that tenant debtors cannot have it both ways: post‑petition use induces landlord reliance, constitutes a …
Continue reading “You Use It, You Pay for It: TRP Brands Reinforces Landlord Rights”
Just Another NDA? Why M&A Confidentiality Agreements Are Different
When it’s time to finally sell your company or if you’re exploring a potential acquisition target, one of the first documents you will encounter is the confidentiality agreement or non-disclosure agreement (“NDA”). You say to yourself, I’ve seen hundreds of NDA’s (perhaps more) in my day-to-day business, so “I’m fine signing just another NDA!” However, …
Continue reading “Just Another NDA? Why M&A Confidentiality Agreements Are Different”
A Smart Way to Plan for High State Income Taxes: The Nevada ING Trust
As a trust and estates and tax attorney, I am frequently asked by clients (and colleagues) if there are options to reduce the income tax burden they expect to pay on portfolio income or when they expect to experience a liquidity event in the future. Clients who live in high-tax states (e.g., states with a …
Continue reading “A Smart Way to Plan for High State Income Taxes: The Nevada ING Trust”
Colorado Bankruptcy Court Pushes Back on Chapter 11 Filings by Solvent Debtors
While Chapter 11 does not require debtor insolvency, it does require good faith (applicable to the petition and the plan), which for solvent debtors seeking to reject and modify lease-counterparty rights, includes establishing some level of financial distress susceptible to resolution through the plan process. Key takeaways While Chapter 11 does not require insolvency, it …
Continue reading “Colorado Bankruptcy Court Pushes Back on Chapter 11 Filings by Solvent Debtors”