Features

Bringing <i>Falsettos</i> Musical from Stage To Movie Screens
During this year's annual Tony awards recognizing Broadway theater, Whoopi Goldberg took to the stage to announce that the musical revival of Falsettos would be hitting movie theaters nationwide in July. Falsettos, which played at Lincoln Center Theater in New York, was nominated for five Tonys, but a deal had been negotiated long before the June 11 awards broadcast to make the stage production into a piece of event cinema.
Columns & Departments
Development
A look at several rulings, including an article 78 proceeding challenging grant of an area variance to proposed operators of a religious school.
Features

<i>Matal v. Tam</i> and Viewpoint-Discriminatory Prohibitions Against Federal Registration
In <i>Matal v. Tam,</i> the SCOTUS held that a portion of Section 2(a) of the Lanham Act, 15 U.S.C. §1052(a), prohibiting the federal registration of potentially disparaging trademarks and service marks, violated the Free Speech Clause of the First Amendment.
Features

Reflections on <b><I>Kokesh v. SEC</I></b>
<b><I>Potential Ramifications of SEC Disgorgement Being a Penalty</b></i><p> <b><i>Part One of a Two-Part Article</I></b><p>In reference to <I>Kokesh</I>, most commentators have focused on the five-year limitations period, which certainly carries important ramifications for the SEC. But as we describe here, the Supreme Court's ruling that "SEC disgorgement constitutes a penalty" has more far-reaching ramifications.
Features

Serving Two Masters: When 'Bankruptcy-Remote' Meets Public Policy
Structured financing transactions make extensive use of entities formed for the specific purpose of reducing the likelihood that assets will be involved in a potential bankruptcy proceeding. Known as "bankruptcy-remote entities," or "BREs," these entities are subject to structures and covenants in financing documents and their own formation documents, which are designed to reduce the likelihood that the BRE will file for bankruptcy protection.
Features

Preparing a Medical Witness for Deposition and Trial: A Different Approach
While the deposition testimony usually does not win the case, in a medical negligence matter, it can definitely lose it. The stakes for a physician today are higher than they have ever been. It is not an infrequent occurrence that any report to the Databank gets a review by both the State Board of Medical Examiners and any health insurer on whose panel the provider has privileges. Our clients deserve better.
Features

The Impact of <i>TC Heartland</i> on Copyright Venue
The Supreme Court sparked a seismic shift in patent litigation recently when it upset the long-standing interpretation of 28 U.S.C. §1400(b), the special patent venue statute. TC Heartland held that for the purposes of patent venue, the meaning of "resides" in Section 1400(b) is not supplemented by the broad definition of "resides" in the general venue provision, 28 U.S.C. §1391.
Features

Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision
OnJune 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.
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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 ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- 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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›