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Challenges In Being a Pro Sports General Counsel Image

Challenges In Being a Pro Sports General Counsel

Phillip Bantz

Being a general counsel for a professional sports team is a coveted gig, but it's also a job with unique challenges, potential ethical minefields and scandals lurking around the front office, field, stadium and elsewhere.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Encroachment By Party Wall Will Not Support a Notice of Pendency Questions of Fact Remain In Party Wall Dispute Easement Was Only for Access Seller's Failure to Provide Estoppel Certificates Excuses Purchaser from Performing Equitable Title Claim Upheld

Features

Enforcement of Obligations Imposed In SEQRA Findings Statements Image

Enforcement of Obligations Imposed In SEQRA Findings Statements

Stewart E. Sterk

When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?

Features

Using Section 365(n) to Minimize Loss of Use of IP In Licensor Bankruptcy Image

Using Section 365(n) to Minimize Loss of Use of IP In Licensor Bankruptcy

By Richard Assmus, Matthew Wargin, Monique Mulcare & Danielle Corn

This article provides an overview of Section 365 of the Bankruptcy Code, a key provision within the Code that allows a debtor to assume, assume and assign, or reject certain executory contracts and unexpired leases.

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

Notable court filings in entertainment law.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Nonpayment Proceeding Not Available for Use and Occupancy Questions of Fact About Whether Landlord Accepted Surrender Improper Withholding of Consent Does Not Excuse Guarantor Loft Board's Rejection of Abandonment Petition Upheld

Features

Ninth Circuit Finally Resolves Pre-1972 Sound Recordings Royalties Issue Image

Ninth Circuit Finally Resolves Pre-1972 Sound Recordings Royalties Issue

Robert W. Clarida & Robert J. Bernstein

The Ninth Circuit ruling in Flo & Eddie may turn out to be last stop on the long and winding road the owners of pre-1972 recordings have traveled in their efforts to obtain compensation for public performances through platforms like Sirius.

Features

NFTs and Virtual Patent Marking Image

NFTs and Virtual Patent Marking

Willem Klein

Patent marking is an important step in the patent lifecycle as it is generally required to seek damages from infringers prior to the date the suit is filed. While virtual marking has somewhat reduced the overhead of marking, it suffers from the same problems all Internet-based evidence runs into in court: websites are ephemeral and have intermittent accessibility, as well as poor public logging of when information existed where, and for how long. NFTs on a digital blockchain could potentially overcome these hurdles, while still providing the benefits of virtual marking via websites.

Features

Making the Office a Destination: The Rise of Hospitality In Law Firms Image

Making the Office a Destination: The Rise of Hospitality In Law Firms

Anthony Davies

The law firm office cannot remain unchanged, therefore, as if frozen in time set to some date prior to the onset of pandemic, when all the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.

Features

Purdue Pharma Bankruptcy Settlement Vacation Could Bring More Scrutiny to Non-Debtor Releases Image

Purdue Pharma Bankruptcy Settlement Vacation Could Bring More Scrutiny to Non-Debtor Releases

Avalon Zoppo

A ruling tossing OxyContin maker Purdue Pharma's bankruptcy settlement could tee up a new issue for the U.S. Supreme Court and spur other judges to more closely scrutinize non-debtor releases, a controversial mechanism that shields third parties in Chapter 11 proceedings from liability.

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MOST POPULAR STORIES

  • 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.
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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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  • Bankruptcy Sales: Finding a Diamond In the Rough
    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.
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