Features
Leases and Licenses Grow Increasingly Indistinguishable
Lately, it has become fashionable for some property owners to call their standard occupancy agreements licenses rather than leases. Does it matter?
In the Spotlight: Structuring Lease Takeovers
This article explores the "lease takeover" options available to an aggressive, creative landlord looking to get such a critical deal done.
Health Care Goes Retail
Today's health care real estate market opportunities are being driven by an aging baby boomer population as well as the new health care law, which is expected to result in health insurance coverage for an additional 32 million people living in the U.S.
What Private Equity Needs to Know About the FCPA
In the past, private equity firms and hedge funds have not been subject to the rigorous regulatory scrutiny applied to publically traded companies under the FCPA. However, it appears that this trend may be changing.
Features
IP News
Highlights of the latest intellectual property news from around the country.
Side-Swiped by the False Claims Act
An important consequence of recent "indirect" FCA case law is that vendors and subcontractors may now face strict liability if others rely on their documents and these are determined to be false.
Issues in Terminating Copyright Grants in Sound Recordings
The year 2013 may be a watershed in the music industry. It is the year that opens a new window in the Copyright Act through which many post-1977 grants of rights under copyright potentially could be terminated.
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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 ›
- 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 ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›