Bruce M. Wexler, Aaron P. Selikson, Ashley N. Mays-Williams
&
Susan S. Hwang
The decision appears to take steps to harmonize the prior cases that appropriately were guided by the Wands factors with the cases discussing the "full scope" of enablement that have engendered some confusion in the law.
Claim That Bank Lacked Standing to Foreclose Waived By Failing to Raise Standing In Answers or Pre-Answer Motions
Seller Denied Summary Judgment on Purchaser's Fraudulent Inducement Claim
Fraudulent Transfer Claim Reinstated
Questions of Fact Preclude Summary Judgment on Counterclaim for Improper Diversion of Water
Supreme Court Improperly Denied Specific Performance to Purchasers
Delay In Vacating a Default Justifies Application of Laches Doctrine to Prior Mortgagee
Mortgagor Who Failed to Appear Not Entitled to Vacate Foreclosure Sale
Judgment Lien Enforced Despite Error In Docketed Amount
While residential cases will grab the headlines, commercial property owners, managers and their attorneys should know that financially troubled tenants will be making news of their own. Armed with the hope of keeping their business afloat, they will unveil, or expand on, defenses to mitigate the pandemic's financial impact and to save their leases.
As intellectual property continues to influence business operations, more companies are considering defensive patent pools as a strategic measure to guard against threats that can stifle innovation and growth for both businesses and industries.
Vincent Cox of Ballard Spahr in Los Angeles and Scott Ponce of Holland & Knight in Miami prevailed recently in the U.S. Court of Appeals for the Eleventh…
Law firms are waiting to see how new trends like working remotely play out for office space post-pandemic, but that wait-and-see approach has created a tenant's market with opportunities for proactive firms in the short term.
“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.
