Features

Guidance on the Enforceability of Lockup Provisions
A recent decision from Chief Judge Glenn of the Southern District of New York Bankruptcy Court provides clarity to creditors and debtors alike in cases where the parties' settlement negotiations include an agreement requiring a creditor to support the debtor's Chapter 11 plan.
Features

Second Circuit Holds No Special Standard for Charging Campaign Contributions As Bribes, Reinstates Charges Against Former NY Lieutenant Governor
We now have an opportunity to see whether the volume of campaign contribution bribery cases in the Second Circuit increases, and whether the government brings any cases that appear to infringe on the First Amendment interests of campaign contributors and candidates.
Columns & Departments
Real Property Law
Damage Limitation Does Not Require Dismissal of Buyer's Claim When Buyer Alleges Bad Faith Easement Not Extinguished By Adverse Possession Neighbor Required to Provide License for Construction Entitled to Full Indemnity Against Claims
Features

Lawyers' Views on Voice Dust-Up Between Scarlett Johansson and OpenAI
Actress Scarlett Johansson has threatened the generative software company OpenAI with legal action. And intellectual property lawyers have many thoughts about who might win, whether there's even a legal claim to be made and what it all means.
Features

Appellate Court Provides Practical Guide to Commercial Landlord's Bankruptcy Damage Claims
The court's decision, supported by a well-reasoned bankruptcy court decision, provides a helpful overview of the most recent law governing landlords' damage claims in bankruptcy cases.
Features

U.S. Supreme Court Limits Development Impact Fees
In April, the United States Supreme Court decided Sheetz v. County of El Dorado, holding that legislatively-imposed fees on development are subject to the same constitutional scrutiny as fees imposed by administrative bodies.
Columns & Departments
Landlord & Tenant Law
Landlord Did Not Accept Tenant Surrender Questions of Fact About Constructive Eviction Housing Discrimination Claim Survives Summary Judgment Motion Deregulation Claim Not Barred By Four-Year Rule
Features

Voice Actors' Class Action Challenges AI Use of Their Voices
LOVO, an artificial intelligence company focused on voice generation, has been hit with a proposed class action lawsuit, with the plaintiff voice actors arguing they have not been properly compensated for the use of their voices.
Columns & Departments
Co-ops and Condominiums
Unit Owner's Claim Against Condo Board for Inaction Survives Summary Judgment Motion
Features

U.S. Supreme Court Decides Copyright Damages-Lookback Issue But Not Discovery-of-Infringement Rule
In a 6-3 majority decision, the U.S. Supreme Court has resolved a copyright question that generated conflicting results in the U.S. Courts of Appeal for years. But as a forceful dissent pointed out, the court left open a more fundamental issue that could render the entire question moot.
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- 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 ›
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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 ›