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Plaintiffs Bar Not Happy with J&J's Shift of Liability to Victim Fund Image

Plaintiffs Bar Not Happy with J&J's Shift of Liability to Victim Fund

Amanda Bronstad

A bankruptcy filing allows Johnson & Johnson to shift legal liability over its talc-based baby powder into a potential $2 billion compensation program for cancer victims, but not without a big fight from the plaintiffs bar.

Features

How Disney's Motion to Compel Arbitration of Scarlett Johansson's Lawsuit Over 'Day-and-Date' Release of Black Widow Movie Might Have Played Out Image

How Disney's Motion to Compel Arbitration of Scarlett Johansson's Lawsuit Over 'Day-and-Date' Release of Black Widow Movie Might Have Played Out

Stan Soocher

Johansson alleges that, in order to generate new subscribers for Disney+, Disney intentionally interfered with her talent agreement with Disney affiliate Marvel Studios for her featured role in Black Widow — and thus allegedly induced Marvel to breach a promise in the Johansson/Marvel agreement for the film to be initially distributed in exclusive "wide theatrical release." Updated Oct. 1 to reflect a confidential settlement reached in the case.

Features

Court's Decision In Epic/Apple Battle Explained Image

Court's Decision In Epic/Apple Battle Explained

Alaina Lancaster

The federal judge who presided over the antitrust showdown between Fortnite developer Epic Games Inc. and Apple Inc. found that Epic failed to prove the tech giant is a monopolist, but ordered Apple to allow certain in-app purchasing communications.

Features

Appellate Division Upholds West Side Tower Image

Appellate Division Upholds West Side Tower

Stewart E. Sterk

In a dispute over West Side development, the First Department handed a victory to developers seeking to build a 39-story building on the block between West 65th and West 66th Street, and Columbus Avenue and Central Park West.

Features

Sender Beware: Jurisdictional Risks of Pre-Litigation Communications Image

Sender Beware: Jurisdictional Risks of Pre-Litigation Communications

Sarah Benowich

The Federal Circuit recently clarified — and lowered — the threshold to exercise specific personal jurisdiction over an out of state declaratory judgment defendant.

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Restrictive Covenant Enforceable Despite Permission By Successor Landowner Insufficient Evidence of Street Dedication Inadequate Notice to Mortgagee Voids Tax Sale Court Reinstates Malpractice Claim Against Lawyer Alleged to Have Solicited Transfer of Title of Residence In Foreclosure Notice of Pendency Provides Constructive Notice Servient Owner Not Entitled to Alter Easement Location Adverse Possession Defeats Co-Tenants' Partition Action

Features

11th Circuit Rules On Who Controls Copyright Case Image

11th Circuit Rules On Who Controls Copyright Case

Michael A. Mora

The U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court ruling that its judges said could have come straight out of a telenovela, or Spanish soap opera.

Features

Counsel Concerns: Retiring Disney GC Reportedly 'Upset' Over Handling of ABC Sex Allegations Probe Image

Counsel Concerns: Retiring Disney GC Reportedly 'Upset' Over Handling of ABC Sex Allegations Probe

Phillip Bantz

When a company is confronted with a potential scandal and considering whether to launch an investigation, general counsel tend to be involved in that decision — and for good reason. But what happens when the legal chief gets leapfrogged?

Columns & Departments

Development Image

Development

ssalkin

Planning Board Took Requisite Hard Look Under SEQRA Denial of Special Use Permit Upheld

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Recording Artist's Attorney Prevails in Lawsuit Brought Against Her by Client's Record Label

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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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  • 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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