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Decisions of Interest
Settlement Agreement Breach Does Not Excuse Performance Of Business Contract
The Appellate Division, First Department, has held that although two agreements executed separately ' a marital separation agreement and a business operating agreement ' may have been related in one party's eyes, they could not be deemed to be one integrated contract. Therefore, said the court, an alleged breach of the separation agreement did not constitute a breach of the operating agreement that would justify a rescission of obligations under the latter. Applehead Pictures LLC v. Perelman, — N.Y.S.2d —-, 2010 WL 4880688 (2d Dept. 12/10/10) (Andrias, J.P., Saxe, Friedman, Nardelli and Acosta, JJ.).
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.