Over the course of its multi-decade existence, the Real Estate Settlement Procedures Act ("RESPA") has been amended to cover many diverse yet related “real estate” subjects. In its present iteration, two provisions — sections 2605(g) and 2609 — deal with mortgage escrow accounts, with...

The rapid rise of cryptocurrencies over the last twenty years has interjected havoc into the staid field of commercial law, one long regulated by the Uniform Commercial Code (“U.C.C.” or “UCC”). Naturally, many individuals and organizations started to count their stash of...

Section 365 of the Bankruptcy Code (“Code”), which focuses on the post-petition continuation of pre-petition contractual relations, controls the assumption and rejection of executory contracts and unexpired leases by a trustee or debtor-in-possession (“DIP”) in all bankruptcy cases....

Courts have repeatedly stated that equitable subordination is a compensatory remedy. This view is demonstrably mistaken; if equitable subordination is compensatory, only injured creditors, and not trustees or debtors in possession, would have Constitutional standing to bring equitable...

New Zealand has recently enacted the Major Events Management Act 2007 ('MEMA'). The legislation has become notorious for its extensive prohibitions of activities now known as 'ambush marketing by association' and 'ambush marketing by intrusion'. However, the objective of the MEMA is to provide...

Ambush marketing is a marketing strategy that intersects with the law of unfair competition and one that provokes debate and competing arguments. The arguments of event organisers and sponsors have proved to be influential and, in response to pressure from those parties, legislatures in a number...

The Supreme Court's decision in Timbers of Inwood Forest occupies an unhappy position in bankruptcy case law. It is often remembered as a troubled interpretation of the Code, denying undersecured creditors compensation for an important source of depreciation - depreciation in the real value of a...

Native American concerns about development activities adversely affecting sacred sites have emerged in recent years as major impediments to mineral and energy development projects. This article examines legislation, regulations, and other legal efforts designed to add protection to these sacred...

Creditors have long understood that any claims they submit for repayment in a bankruptcy might be valid, but subject to subordination in the order of payment of the bankruptcy estate's limited funds if the creditor behaved inequitably as the debtor failed. A groundbreaking opinion in Enron's...