Features

Five Things Law Firm Leaders Need To Do As People Return to the Office
While we all look forward to returning to normal, the normal we left in early 2020 remains elusive. For those who are leading teams (such as executive committees, practice and industry groups, client teams, administrative departments, and firm committees), the struggle is more complex.
Features

Lateral Market for Bankruptcy Lawyers Not Stifled By Chapter 11 Slowdown
After a year filled with filings, commercial Chapter 11 bankruptcies fell off a cliff in 2021, causing bankruptcy lawyers to work on out-of-court restructurings or pivot to practices with overlapping skills such as real estate and commercial litigation.
Features

Right of Publicity Case Roundup
Several recent court rulings aptly demonstrate how the right of publicity continues to be a vital cutting-edge area of celebrity law.
Features

The Roadmap of Litigation Analytics
Litigation analytics can be considered a roadmap of sorts — an important guide to ensure the legal professional arrives at the correct litigation strategy or business plan. However, like roadmaps, litigation analytics will only be useful if it's based on data that is complete and accurate.
Columns & Departments
Eminent Domain Law
State May Recover Part of Advance Payment from Condemnee
Features

U.S. Supreme Court Considers Copyright Registration of Multiple Works
The 'Unicolors' case highlights the value of copyright registration, not only for creators who rely on the exclusivity of their content for making a living, but also for anyone with copyright eligible works in their IP portfolio.
Columns & Departments
Co-ops and Condominiums
Co-Op Entitled to Use and Occupancy Pendent Lite
Features

New York Cannabis Law's Lease Mandate Catch-22
New York's recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements that affect not only cannabis companies, but also the companies that conduct business with them.
Features

Litigation Over Skater Girl Film Transferred to CA
When Atlanta filmmaker-turned-plaintiff Raymond Pirtle Jr. filed a copyright infringement suit against CA-based Netflix in the U.S. District Court for the Northern District of Georgia, he pitted him against seasoned attorneys, representing a corporate giant in a case that has both sides claiming early incremental victories.
Features

Appellate Court Holds FCC Penalty Claim Survives Chapter 11 Corporate Debtor's Discharge
A Chapter 11 corporate debtor's monetary penalty obligation owed to the FCC, resulting from "fraud on consumers," survived the debtor's reorganization plan discharge, even when the FCC "was not a victim of the fraud," the U.S. District Court for the Southern District of New York recently held.
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- 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 ›
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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 ›