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Chapter 15 Practice: U.S. Venue Selection Clause Does Not Trump Distribution Scheme in Italian Restructuring Plan Image

Chapter 15 Practice: U.S. Venue Selection Clause Does Not Trump Distribution Scheme in Italian Restructuring Plan

Dan T. Moss & Mark G. Douglas

The U.S. Bankruptcy Court for the District of Delaware recently ruled that choice of law and venue selection provisions in a contract between a U.S. creditor and Italian debtor did not trump the debt restructuring plan approved by an Italian bankruptcy court.

Columns & Departments

Case Notes Image

Case Notes

ssalkin

She's Not a Third-Party Beneficiary

Columns & Departments

Development Image

Development

ssalkin

Merger Defeats Single and Separate Ownership Claim<br>Failure to Refer to County Planning Board Invalidates Grant of Area Variance<br>Denial of Natural Resources Special Permit Upheld<br>Village Ratifies Extension of Lease to Cell Phone Provider

Columns & Departments

IP News Image

IP News

Howard Shire & Adam B. Fischer

Federal Circuit Holds USPTO Can Defend PTAB Decision After Original Petitioner Drops Out<br>Federal Circuit Says <i>Alice</i> Not Intervening Change

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Brief Use of Graffiti Art in HBO's <i>Vinyl</i> Show Found <i>De Minimis</i><br>Chinese Film Company Subject to Personal Jurisdiction in Location Security Company's Colorado Lawsuit

Columns & Departments

Real Property Law Image

Real Property Law

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Interest on Loan Tolled When Mortgagee Delayed In Filing Request for Judicial Intervention<br>Court Dismisses Tortious Interference Claim By Holder of First Refusal<br>Easement Enforceable Despite City Register's Failure to Index the Easement Against Newly Created Lot

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

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Liquidated Damages Provision Not an Unenforceable Penalty<br>Occupant Established Succession Right Despite Absence of Sexual or Blood Relationship<br>Rent Stabilization Provision Lost When Tenant Executed Lease In Corporate Name<br>Predecessor Landlord Waived Prohibition on Subleases and Assignments

Features

NY High Court Sees Right of Publicity Claim in Avatars but Rules Against Celebrity Plaintiffs Image

NY High Court Sees Right of Publicity Claim in Avatars but Rules Against Celebrity Plaintiffs

Andrew Denney

<i><b>Legislature Considers Publicity Law Update</b></i><p>Ruling in a matter of first impression, New York's high court dismissed suits filed by Lindsay Lohan and the daughter of ex-mobster Sammy “The Bull” Gravano against the makers of Grand Theft Auto V, by disagreeing with the plaintiff's claims that characters in the game were intended to be their look-alikes.

Features

Indiana Supreme Court to Decide Fantasy Sports Publicity Rights Issue Image

Indiana Supreme Court to Decide Fantasy Sports Publicity Rights Issue

Stan Soocher

The Supreme Court of Indiana accepted a certified question from the U.S. Court of Appeals for the Seventh Circuit involving the interpretation of the state's right-of-publicity statute.

Features

Why Second Circuit Found No Fair Use in 'TVEyes' Case Image

Why Second Circuit Found No Fair Use in 'TVEyes' Case

Crystal Genteman & Chris Bussert

Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24 hours a day, seven days a week. That's exactly what media-monitoring service TVEyes did. Fox News filed suit against TVEyes, claiming copyright infringement of 19 of its hour-long programs and alleging that TVEyes would divert Fox News's viewership and its ability to license its news clips to third parties.

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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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