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Features

Waiving the Right to <i>Yellowstone</i> Injunctive Relief Image

Waiving the Right to <i>Yellowstone</i> Injunctive Relief

Janice G. Inman

In a case of first impression, and after it decided public policy would not be offended, New York's Appellate Division, Second Department, decided earlier this year that commercial tenants may contractually waive the right to seek a <i>Yellowstone</i> injunction in <i>159 MP Corp. v. Redbridge Bedford,</i>

Features

Compensation Issues from Cancelled Roseanne TV Show Image

Compensation Issues from Cancelled Roseanne TV Show

Michael I. Rudell & Neil J. Rosini

It is rare that a hit network television series is cancelled, as recently occurred with the ABC series <i>Roseanne</i>. But when that happens, the immediate and long-term implications for the network, producers, talent and other entities related to the series can be significant.

Features

Pitching Your Cybersecurity Case to Law Enforcement Agencies Image

Pitching Your Cybersecurity Case to Law Enforcement Agencies

Steven A. Cash & Naju R. Lathia

This article focuses on the unique issues that arise in a specific but increasingly common scenario: when your client is the victim of a cybercrime.

Features

What the C-Suite Needs to Know About FCPA Prosecutions Image

What the C-Suite Needs to Know About FCPA Prosecutions

C. Ryan Barber

In 2017, the Justice Department charged 20 people with FCPA violations — the second-highest single-year total since the law's passage in 1977, according to a new study by Arent Fox.

Features

The Domesticity Barrier to Recognition of a Foreign Proceeding Under Chapter 15 Image

The Domesticity Barrier to Recognition of a Foreign Proceeding Under Chapter 15

Brian L. Shaw & Christina M. Sanfelippo

<b><i>How Low Can You Go?</b></i><p>In <i>In re B.C.I. Finances Pty Limited,</i> Judge Sean Lane reiterated the low domestic presence threshold (Domesticity) that a foreign representative must meet when it is petitioning for recognition of a foreign proceeding under Chapter 15.

Features

Supreme Court to Review Post-AIA On-Sale Bar Image

Supreme Court to Review Post-AIA On-Sale Bar

Jon Bachand & Ari Feinstein

The U.S. Supreme Court agreed to consider a question raised by Helsinn Healthcare: whether, under the Leahy-Smith America Invents Act (AIA) an inventor's sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.

Features

Issues Between EU Data Protection, Use of Blockchain Image

Issues Between EU Data Protection, Use of Blockchain

Justin Hectus & Kristy Sambor

Emerging technologies and regulations have the power to create, shape or kill businesses. For the entertainment industry, the European Union's (EU) General Data Protection Regulation (GDPR) and blockchain technology each embody forces that have the potential for profound impact. Taken in tandem, the GDPR and blockchain highlight the possibilities and pitfalls of disruption and the importance of cross-organizational collaboration in compliance and innovation initiatives.

Features

The Tax Cuts and Jobs Act and How It Affects Real Estate Image

The Tax Cuts and Jobs Act and How It Affects Real Estate

Peter M. Fass

<b><i>Part Two of a Two-Part Article</b></i><p>Part One of this article discussed changes affecting real estate including the pass-through business deduction adopted in new §199A of the Tax Act. Part Two expands upon the workings of the pass-through business deduction (pass-through deduction).

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

Colleen Snow

Caris Healthcare Settles False Claim Act Lawsuit for Hospice Fraud

Features

Behind MGM Suits Against Concert Shooting Victims Image

Behind MGM Suits Against Concert Shooting Victims

Amanda Bronstad

MGM Resorts International's filing of lawsuits against 2,500 victims of the Oct. 1, 2017, mass shooting at the country music concert in Las Vegas was an unprecedented move that has plaintiffs' lawyers accusing the entertainment conglomerate of forum shopping and defense lawyers scratching their heads.

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  • 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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