Continuing the discussion of matrimonial client "conflict checks" — the exercise attorneys must go through with each new potential client, to make sure that the representation will not conflict with work the attorney is doing or has done for a current or former client. <p><b><i>Part Two of a Three-Part Article</b></i>
A look at a case in which stipulation of a settlement in a nonpayment proceeding estopped a landlord from collecting rent after the tenant surrendered possession.
Agreement for Handing Sale of Ben E. King's Copyright Interests Ruled Invalid Due To Termination Notices Issue<br>Oregon Federal Court Makes It Difficult to Be Awarded Attorney Fees When Pursuing Peer-to-Peer File-Sharing Defendants
<b><i>Greater Clarity Needed</b></i><p>The new HVCRE rules require banks to assign a 150% risk weight to any HVCRE exposure (up from the 100% risk weight assigned under general risk-based capital rules) and cover all acquisition, development or construction (ADC) loans unless an exception applies.
Recently, a Florida bankruptcy court permitted a Chapter 7 trustee to reach back 10 years to unwind a fraudulent transfer, a period of time well beyond the two years that practitioners generally expect.
Federal Circuit: PTAB Used Overly Broad CBM Patent Standard<br>Federal Circuit: PTAB Patent Invalidation Vacated over Erroneous Invention Conception Date
One of the main causes of the "death spiral" of malls in the United States has been the bankruptcies, and subsequent liquidations, of many retailers that were once household names -- and often a mall's anchor tenants.
Compensation for in-house counsel is up across the board, ranging from 3.7% to as much as 6% at some general counsel and expert counsel levels, according to recently released data from HBR Consulting's 2016 Law Department Survey.
A New York court has found that a landlord did not commit fraud when it failed to disclose to its prospective tenant that a long-term municipal improvement construction project was about to commence near the leased premises.
“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.
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.
The 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.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
With 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.
