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Features

Implications of a More Conservative Supreme Court for White-Collar Practitioners Image

Implications of a More Conservative Supreme Court for White-Collar Practitioners

Robert J. Anello & Richard F. Albert

A review of recent decisions of the Roberts court and of decisions in which Barrett participated during her limited tenure on the U.S. Court of Appeals for the Seventh Circuit provides some hints regarding how the Supreme Court's future decisions may affect the law relevant to white-collar criminal practice.

Features

Evolving Court Views on Content Embedding Image

Evolving Court Views on Content Embedding

Shaleen J. Patel & Mike Hobbs

Recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders that entertainment industry professionals should note.

Columns & Departments

Development Image

Development

Stewart Sterk

Denial of Site Plan Application Upheld Issuance of State Permit Does Not Preclude Village's Nuisance Claim Against Waste Disposal Facility

Features

Unseating Inelegant Notions of Product Design Functionality Image

Unseating Inelegant Notions of Product Design Functionality

Jonathan E. Moskin

In Blumenthal Distributing, Inc. v. Herman Miller, Inc., the 9th Circuit considered whether or not the or not the best-selling piece of furniture ever is functional.

Features

Settling COVID-19-Related Commercial Lease Disputes Image

Settling COVID-19-Related Commercial Lease Disputes

Frank Burke

This article examines how shutdown actions might be approached and resolved by settlement by applying a series of contract performance doctrines that inevitably arise during these types of situations.

Features

SCOTUS Set to Address Circuit Split in Interpreting CFAA Image

SCOTUS Set to Address Circuit Split in Interpreting CFAA

Elkan Abramowitz & Jonathan S. Sack 

The Computer Fraud and Abuse Act (CFAA) is the sort of broadly worded criminal statute which gives white-collar prosecutors considerable power — and makes defense counsel and judges uneasy. The meaning of "or exceed[ing] authorized access" is not so clear.

Features

Tenth Circuit Ruling May Impact Treatment of Student Loans In Bankruptcy Image

Tenth Circuit Ruling May Impact Treatment of Student Loans In Bankruptcy

Charles M. Tatelbaum, Christina V. Paradowski & Brittany L. Hynes

A recent ruling in the U. S. Court of Appeals for the Tenth Circuit represents a significant departure from the generalized belief that student loan debts cannot be discharged in bankruptcy, and which, if followed by other circuit courts, could have a dramatic impact on bankruptcy law.

Columns & Departments

Co-ops & Condominiums Image

Co-ops & Condominiums

Stewart Sterk

RPAPL 881 License Granted to Enter Neighboring Condominium Unit Allocation of Common Expenses Upheld Condominium Owners Have Right to Vote On Matters Involving Homeowners Association Appointment of Receiver Upheld

Columns & Departments

Real Property Law Image

Real Property Law

Stewart Sterk

Possibility of Reverter Enforced Bidder At Tax Foreclosure Sale Forfeits Deposit Upon Default

Features

Hot Legal Litigation Topics for Advertisers and Marketers in 2020 Image

Hot Legal Litigation Topics for Advertisers and Marketers in 2020

Kyle-Beth Hilfer

The COVID-19 pandemic pushed brands headlong into e-commerce. Certain advertising and marketing practices led to litigation in 2020. Brands and their legal counsel should target these hot topics for legal vetting and risk mitigation as we move forward into 2021.

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MOST POPULAR STORIES

  • 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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    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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