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J&J Gets Stay In Talc Chapter 11 Dismissal Image

J&J Gets Stay In Talc Chapter 11 Dismissal

Amanda Bronstad

Johnson & Johnson's talc bankruptcy may be on its last legs, but it's still standing — at least for a while. On February 13, Johnson & Johnson subsidiary LTL Management petitioned the U.S. Court of Appeals for the Third Circuit to rehear its Jan. 30 decision dismissing its Chapter 11 case

Columns & Departments

Players On the Move Image

Players On the Move

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Development Image

Development

NYRE Staff

Neighbor Lacked Standing to Challenge Nonconforming Use Determination Parking Congestion Allegations Insufficient to Confer Standing Council's Approval of PUD Upheld Neighbor Had No Standing to Challenge SEQRA Determination

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

Notable court filings in entertainment law.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Open Use of Driveway Provides Constructive Notice of Unrecorded Easement Subsequent Purchaser Qualifies As Bona Fide Purchaser Despite Notice of Prior Purchaser's Appeal Notice of Pendency Not a Substitute for Recording Defect In Original Foreclosure Precludes Reforeclosure Sellers Who Paid Tax Are Entitled to Refund of Overpayment Easement Holder Has Right to Erect Dock

Features

Fifth Circuit Adds Color to Abstention Issue Image

Fifth Circuit Adds Color to Abstention Issue

Francis J. Lawall & Brenden Dahrouge

Rules Bankruptcy Court Lacked Jurisdiction to Decide State-Governed Question Jurisdictional boundaries within the federal system as between bankruptcy and district courts as well as various federal agencies can be a maze that is at times nearly impossible to navigate. Further complicating matters are those cases involving state-regulated issues that add abstention to the mix.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Sixth Circuit Affirms Late Don Everly's Sole Authorship Right to Everly Brothers' 1960 Hit "Cathy's Clown"

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Issues of Fact Preclude Summary Judgment on Habitability Claim

Features

Music Rates and Royalties In 2023 Image

Music Rates and Royalties In 2023

Jeff Brabec & Todd Brabec

Part One of a Two Part Article A look at the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.

Features

Circuit Split Reflects Disagreement About the Relationship Between Scheme Liability and SEC Rule 10b-5(b) Image

Circuit Split Reflects Disagreement About the Relationship Between Scheme Liability and SEC Rule 10b-5(b)

Stefan Atkinson & Yi Yuan

Historically, federal courts generally agreed that scheme liability under SEC Rule 10b-5(a) and (c) requires something more than a misstatement or omission — with misstatements and omissions typically being litigated under Rule 10b-5(b) instead. However, the SCOTUS in Lorenzo v. SEC held that an individual who disseminates a misstatement, without other fraudulent conduct, is potentially liable under the scheme liability provisions of Rule 10b-5. Subsequently, a circuit split has emerged over the scope of Lorenzo's holding.

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    “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.
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    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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