News
Okin Adams Partner Jim Bartlett Wins Take-Nothing Judgment in Litigation Funding Dispute
Okin Adams partner Jim Bartlett, head of the firm’s litigation section, recently secured a take-nothing judgment as lead trial counsel for an online litigation funding platform accused of fraud and conspiracy in connection with two litigation funding transactions. Litigation Funding Disputes The lawsuit was filed by a Houston- and New York-based litigation boutique relating to…
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How Will Malls Handle Vacancies from Bankruptcies?
Sears, Charlotte Russe, Gymboree, and Payless ShoeSource all have one thing in common aside from being once-popular retail chains—they’ve all undergone some form of bankruptcy within the past year. With the rise of online shopping and easier access to the latest fashions and everyday things we need, most people would not bat an eye at the thought of another retailer closing its doors for good. However, what about the shopping malls that often house these closing businesses?
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Texas Supreme Court Affirms Power of Written Contracts
As most business owners know, having written contracts that are clear and concise is essential for successful operations. While oral agreements can be utilized in some situations, having a formal written contract when engaging with a customer or business partner is incredibly important. A good written contract will clearly set forth the understandings and expectations of the parties, and provide protection and clarity in the event of a dispute.
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The Fifth Circuit Further Clarifies When Claims Belong to a Creditor Instead of the Bankruptcy Estate
At the commencement of a bankruptcy case, the debtor’s legal interests become a part of the bankruptcy estate pursuant to section 541 of the Bankruptcy Code. 11 U.S.C. § 541. Causes of action that belong to the bankruptcy estate may only be pursued by the trustee so that any recovery may be split equitably among the debtor’s creditors. Where a third party’s conduct harms both a debtor and a creditor, determining whether the cause of action belongs to the bankruptcy estate or a creditor “is a recurring issue in bankruptcy law.”
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Common Mistakes In Commercial Collections
It is no secret that one of the most disfavored aspects of operating a business is the collection of debts owed to the company. The process is tedious and time-consuming, and mistakes along the way can cause delay and trigger unwanted liability exposure.
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