Features

Legal Precision Meets Opportunistic Investing: How Savvy Real-Estate Investors Can Maximize Returns in Today’s Distressed Market
For forward-thinking real-estate investors, mortgage-default litigation can unlock off-market assets, compress deal timelines, and capture risk-adjusted alpha. Indeed, investors can convert distressed credit into dependable, non-correlated returns. The mechanism for unlocking this value often includes the “hammer” that is foreclosure litigation. But it is not that easy.
Features

AI In Commercial Construction Contracts
Artificial Intelligence (AI) is permeating every phase of construction — redefining how buildings and projects are designed, managed, and maintained. This article offers practical analysis, sample clauses, and insights into how AI-specific contract terms can mitigate risk and facilitate responsible innovation.
Features

Is Article 9 Compliance Enough to Preserve a Creditor’s Rights In Its Collateral?
When it comes to foreclosing on collateral, secured creditors must be cognizant of the statutory requirements of Article 9 of the UCC. Article 9 has very specific rules governing the foreclosure process and the exercise of remedies. But is compliance with those rules enough to preserve a creditor’s rights in its collateral? It seems there is disagreement among courts as to the correct answer.
Features

Availability of Specific Performance In Commercial Real Estate
Most contracts dealing with the sale and purchase of commercial real estate provide the purchaser with two primary remedies if the seller defaults, one of which is the right to seek specific performance of the seller’s obligations under the contract. This article explores some situations where specific performance may be available, as well as certain requirements that must be satisfied in order to obtain an order of specific performance.
Features

Law Firm Leasing Grows In First Half of 2025; Highest Square Footage Since 2018
Law firm leasing grew significantly during the first half of 2025, posting the highest square footage total since 2018, according to a recent Savills report.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›