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Features

IP Issues and Esports Athletes Image

IP Issues and Esports Athletes

Frank Ready

A new esports-centric survey released by the law firm of Foley & Lardner projects that esports revenues will climb above the $1 billion mark this year. But the increased stakes and growing sophistication of the industry will likely not be without their headaches.

Features

Challenges to Evidence of Copyright Ownership Image

Challenges to Evidence of Copyright Ownership

Stan Soocher

There has been a long-term debate over whether sound recordings can be copyright works made for hire. Sound recordings don't appear in the list of works for hire set out in §101 of the Copyright Act of 1976, though record labels argue recordings can be deemed so as a "compilation" or a "contribution to a collective work," per §101.

Columns & Departments

Players on the Move Image

Players on the Move

Dan Clark

Copyright Office General Counsel Moves to MPAA

Features

Recent Investigation, Prosecution and Legislation Regarding Fraudulent Deeds Image

Recent Investigation, Prosecution and Legislation Regarding Fraudulent Deeds

Carol A. Sigmond

New York City is seeing an upsurge of deed theft. Attorneys, architects, title companies, real estate brokers, agents, contractors, developers and construction managers need to be alert to this potential issue when blocks of properties are assembled for development in these neighborhoods.

Features

Chapter 11 Plan Support Agreements: Greasing the Wheels for Confirmation Success Image

Chapter 11 Plan Support Agreements: Greasing the Wheels for Confirmation Success

John J. Rapisardi & Joseph Zujkowski 

Plan support agreements are often an essential component of a successful complex Chapter 11 reorganization and provide a framework for a debtor's financial restructuring. These agreements have increasingly been used to induce core groups of major lenders and bondholders to support a debtor's restructuring in return for enhanced recoveries.

Features

Challenge to SEC's Disgorgement Authority Reaches Supreme Court Image

Challenge to SEC's Disgorgement Authority Reaches Supreme Court

Jodi Misher Peikin & Jacob Mermelstein

The U.S. Supreme Court granted certiorari in Liu v. Securities and Exchange Commission to address a question that, until fairly recently, seemed clear: whether the SEC has authority to obtain disgorgement in civil actions to enforce the federal securities laws.

Features

Unfolding Trends That Will Dominate the Next Year Image

Unfolding Trends That Will Dominate the Next Year

Erika Morphy

For all intents, 2019 has been good for commercial real estate. 2020, at least for the first half, promises much of the same. That is not to say that the CRE environment will be stagnant; as always there will be changes. Some of these will be subtle while others may well be more ground shaking — and likely due to outside circumstances.

Features

Uniform Voidable Transactions Act Signed Into Law in NY Image

Uniform Voidable Transactions Act Signed Into Law in NY

Thomas R. Slome, Michelle McMahon & Sophia Hepheastou

On Dec. 6, 2019, Gov. Andrew Cuomo signed legislation modernizing New York's 95-year-old fraudulent conveyance law and making it consistent with the U.S. Bankruptcy Code and the law of at least 44 other states. The Uniform Voidable Transactions Act (UVTA) primarily clarifies the rights and remedies of parties involved in transactions with financially distressed entities.

Features

Adding Value, Reducing Risk: Peer Review for Construction Projects Image

Adding Value, Reducing Risk: Peer Review for Construction Projects

Jacqueline Greenberg Vogt

In the aftermath of recent construction disasters leading to catastrophic failures and loss of life, the concept of peer review has taken on an entirely new significance. A comprehensive plan and specification peer review is an effective risk management strategy for ensuring quality construction.

Features

Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust Image

Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust

Robert J. Anello & Richard F. Albert

In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.

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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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