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Features

Legal Perspective On Major League Baseball Scandal Image

Legal Perspective On Major League Baseball Scandal

Sue Reisinger

Two Major League Baseball in-house lawyers, both former prosecutors, led the investigation into the Houston Astros cheating scandal.

Features

Second Circuit Upholds Title 18 Insider-Trading Conviction Where Title 15 Elements Not Established Image

Second Circuit Upholds Title 18 Insider-Trading Conviction Where Title 15 Elements Not Established

Matthew D. Feil & Andrew M. Serrao

Will Prosecutors Take Advantage? The recent decision in United States v. Blaszczak may signal a change in how prosecutors in the Second Circuit, and perhaps in other jurisdictions, pursue insider-trading cases.

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Mechanic's Lien Not Invalid on Its Face Temporary Flooding Not a De Facto Taking

Features

Tips to Minimize Landlord's Exposure When a Commercial Tenant Files Bankruptcy Image

Tips to Minimize Landlord's Exposure When a Commercial Tenant Files Bankruptcy

Carmen Contreras-Martinez

Because bankruptcy can add significant expenses and increase the time it takes to remove a delinquent tenant, landlords should not allow tenants to fall far behind on rental payments. Here are some tips on how to address the issues raised by a bankrupt tenant.

Features

Bankruptcy Court Denies Motion for Fee Enhancement Under 'Common Fund Doctrine' Image

Bankruptcy Court Denies Motion for Fee Enhancement Under 'Common Fund Doctrine'

Rudolph J. Di Massa, Jr. & Geoffrey A. Heaton

The U.S. Bankruptcy Court for the Western District of Virginia recently denied creditors' counsel's motion for a fee enhancement under the "common fund doctrine," finding it could not award the requested fees absent statutory authority.

Features

U.S. Supreme Court Reaffirms the American Rule In De Novo Challenges to the PTO Image

U.S. Supreme Court Reaffirms the American Rule In De Novo Challenges to the PTO

Jonathan Moskin

In 2013, the PTO adopted a new policy under which any party commencing a de novo proceeding challenging a PTO decision would be responsible to pay a pro rata share of the salaries of the government attorneys working on the matter. On Dec. 11, 2019, the U.S. Supreme Court rejected the PTO's new interpretation of the Patent Act and held that the American Rule, a centuries-old principle under which each party bears its own attorneys' fees, does apply to this statute.

Features

The Trademark That Got His Goat Image

The Trademark That Got His Goat

Mary A. Donovan

In a recent trademark cancellation case that has drawn "human interest" attention in the news, the plaintiff appealed an adverse decision to the Federal Circuit. The plaintiff was not "kidding" when he expressed his opinion that the registered mark, described as "goats on a roof of grass," is demeaning to goats which, in turn, is offensive to him.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

ssalkin

Business Judgment Rule Protects Parking Fee Determination

Features

Examining the Interplay Between Exculpation Clause and Fiduciary Duty Image

Examining the Interplay Between Exculpation Clause and Fiduciary Duty

Lawrence J. Kotler

In the case of In re Solutions Liquidation, the U.S. Bankruptcy Court for the District of Delaware adjudicated a motion to dismiss filed by the debtors' former managers and officers in connection with the breach of fiduciary duty complaint filed against them by the trustee of the debtors' liquidating trust.

Features

Jury Award in 'Walking Dead' Stuntman Fatality Suit Image

Jury Award in 'Walking Dead' Stuntman Fatality Suit

Greg Land & Katheryn Hayes Tucker

A Gwinnett County, GA, jury awarded $8.6 million to the family of a stuntman killed during the production of a Walking Dead TV-series episode in 2017.

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    Insiders (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.
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