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A Clash Between 'Free and Clear' and Tenants' Rights Under the Bankruptcy Code's Section 365(h) Image

A Clash Between 'Free and Clear' and Tenants' Rights Under the Bankruptcy Code's Section 365(h)

Albena Petrakov

With the recent carnage in the retail industry, including Sears and many other retailers of all shapes and sizes, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection.

Columns & Departments

In the Courts Image

In the Courts

Kate Monks

The Ninth Circuit affirmed the majority of an $11 million jury verdict brought by a whistleblower who claimed that his company fired him for raising concerns about possible FCPA violations.

Features

Take-Aways from the Sears Sale Process Image

Take-Aways from the Sears Sale Process

Adam L. Rosen

As widely reported, the downfall of Sears was a slow-motion train wreck. Despite its unique size and complexity, however, some of the strategies and techniques used by the stakeholders in Sears can be applied in cases of any size.

Columns & Departments

IP News Image

IP News

Christine E. Weller

In celebration of International Women's Day two years ago, State Street Global Advisors unveiled Fearless Girl at Bowling Green in the Financial District in Manhattan. Commissioned by State Street from the artist Kristen Visbal, the work has since become a part of the zeitgeist amidst global conversations about gender parity, diversity, and inclusion on a broader scale. Now, some two years later, Fearless Girl is raising additional intellectual property questions.

Columns & Departments

Case Notes Image

Case Notes

ssalkin

First Court's Lack of Jurisdiction over Cause of Action Means Second Action Is Not Barred

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

Kate Monks

The former CEO of a pharmaceutical company was found guilty by a jury on eight counts of wire fraud affecting a financial institution for orchestrating a scheme that led to the collapse of one of Puerto Rico's biggest banks.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

No Copyright Joint Work Found from Damon Dash's Co-Directing Stint<br>Out-of-State Law Firm Let Out of Prince Recordings Litigation in Minnesota

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ssalkin

Landlord's Improper Incorporation

Features

Legal Tech: Winter 2019 E-Discovery Case Law Review Image

Legal Tech: Winter 2019 E-Discovery Case Law Review

Mike Hamilton

As a practice, e-discovery involves professionals from a variety of disciplines. For this case law review, we spoke with professionals who play different roles in the e-discovery process to identify three case law rulings from 2018 that stood out in the impact they have on how e-discovery is practiced today.

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Ownership of Shifting Beaches<br>Brokerage Commission Provision Expired<br>Adverse Possession/Tennis Court<br>Deed Obtained by False Pretenses

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MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    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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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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