When 2020 came and went without the Tokyo Olympics, due to the COVID-19 pandemic, lawyer Alan Fertel watched as many of the sponsorships and deals he'd negotiated for one of the world's fastest swimmers — now Tokyo Olympics Gold medal winner Caleb Dressel — expired.
The use of the frustration-of-purpose doctrine to absolve commercial tenants of their obligation to pay rent could signal headwinds for the commercial real estate market — and the economy more generally.
License to Enter Neighbor's Property Reversed
Partnership Lacked Authority to Convey Property
Questions of Fact About Whether Easement Extinguished By Adverse Possession
Purchaser Acquired Deed By False Pretenses
Broker Failed to Establish Agreement to Pay Commission
A California federal appeals court panel refused to broaden disclosure requirements for alternative dispute resolution organizations and called for court precedent to be revisited in a case over a soured partnership between entertainment news company TMZ and a Los Angeles celebrity tour bus company.
The new Delta variant of COVID-19 is speeding across the country, raising the question of whether the assumptions earlier this year of an economic rebound — some even predicted a super bounce — were premature.
ZBA Did Not Have to Act Unanimously
Activist Not Entitled to Nullification of Cover Letter Community Board Included With Its Recommendations
DOB's Approval of Homeless Shelter Upheld
Area Variance Upheld
This article explores the competing factors the Bankruptcy Court considered and the rationale underlying its decision to grant the drastic relief of dismissing the NRA's bankruptcy case.
“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.
