Features
Litigating Complex Environmental Cases
In a series of recent decisions, the bankruptcy court for the Southern District of New York has broadly interpreted section 502(e)(1)(B) of the Bankruptcy Code in disallowing substantial claims in several contexts.
Features
When Worlds Collide
Until recently, the public finance world simply did not experience significant defaults. Until now. A look at recent litigation.
Columns & Departments
IP News
Highlights of the latest intellectual property cases from around the country.
Features
Court Battles over Digital Television Distribution
Aereo Inc.'s pitch is this: With one of its tiny antennas, no bigger than a dime, viewers can watch television through the Internet. But this is erupting into a litigation nightmare for broadcasters. The fight boils down to whether the broadcasters' copyrights for their shows give them control over how the shows are distributed.
Features
Display in Musical of Clip from 'Ed Sullivan' Show Was Fair Use
In <i>SOFA Entertainment, Inc. v. Dodger Productions, Inc.</i>, the U.S. Court of Appeals for the Ninth Circuit considered whether it was "fair use" under the Copyright Act for the award-winning musical "<i>Jersey Boys</i>" to use a seven-second clip of Ed Sullivan's introduction of the Four Seasons rock band on "<i>The Ed Sullivan Show</i>" that aired in 1966.
Features
Practice Tip: Protecting Your Verdict
This article focuses on some of the challenges presented by the rise of technology and social media, and describes some measures for avoiding the most prevalent forms of juror misconduct.
Columns & Departments
Landlord & Tenant
Professional analysis of several recent rulings of importance.
Columns & Departments
Eminent Domain Law
An in-depth look at a condemnation proceeding.
Columns & Departments
Cooperatives & Condominiums
Discussion of two major rulings.
Columns & Departments
Drug & Device News
A roundup of key rulings.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & 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.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›