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Is the Receiver or Debtor More Likely to Preserve and Maximize the Value of the Property In a Bankruptcy? Image

Is the Receiver or Debtor More Likely to Preserve and Maximize the Value of the Property In a Bankruptcy?

Andrew C. Kassner & Joseph N. Argentina Jr.

Many clients are not aware that the Bankruptcy Code provides that, upon the filing of a bankruptcy case, the receiver is required to give back possession of the mortgaged property to the debtor unless the lender obtains an order from the Bankruptcy Court excusing the receiver from this requirement.

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The Visibility Factor: Overcoming Not Being Seen Image

The Visibility Factor: Overcoming Not Being Seen

Jennifer S. Bankston

In most law firms, there are walls that can prevent all of us from being both seen and heard by all within an organization. However, these obstacles can be overcome in most settings, despite the different factors that may keep employees, supervisors and team members from prevailing over them.

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Federal Circuit Imperils Term-Adjusted Patents Image

Federal Circuit Imperils Term-Adjusted Patents

Sandip H. Patel

The Federal Circuit recently upheld the Patent Office's decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP).

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How the Results of the 9th Annual E-Discovery Unfiltered Report Can Help Your Legal Team Plan for 2024 Image

How the Results of the 9th Annual E-Discovery Unfiltered Report Can Help Your Legal Team Plan for 2024

Ari Kaplan

Along with offering key impressions of leading providers in the sector, the "9th annual E-Discovery Unfiltered: A Survey of Current Trends and Candid Perspectives" report identifies the market shifts, pricing patterns, artificial intelligence developments, and data management practices that are driving the transformation of e-discovery.

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Outdated Compensation Plans Leave Young Lawyers Disenchanted About Leadership Roles Image

Outdated Compensation Plans Leave Young Lawyers Disenchanted About Leadership Roles

Jessie Yount

Without recognition for their varied contributions, young lawyers are likely to feel more disenchanted or disinterested in career longevity or leadership duties at a law firm.

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How Energy Drink's "Purple Rain" Trademark Application Was Rejected Image

How Energy Drink's "Purple Rain" Trademark Application Was Rejected

Bridget H. Labutta

Despite the fact that the trademark manual of examining procedure (TMEP) are readily available and searchable online, there are still a large number of applications that trademark examiners and judges must reject because the application does not conform to one or more conditions set forth in the Lanham Act or TMEP.

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Evaluating Commercial Leases Post-'Rohrmoos' Image

Evaluating Commercial Leases Post-'Rohrmoos'

Troy "T.J." Hales & Kimberly A. Cruz

Rohrmoos should encourage lawyers drafting leases, and those in lease disputes, to account for some new practical considerations. The drafting attorney should — if they are not already — include a clause in the lease expressly stating the parties' covenants are independent from one another.

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Mastering the Art of Handling Negative Comments On Social Media Image

Mastering the Art of Handling Negative Comments On Social Media

Jennifer Marsnik & Amy Juers

Just as organizations prepare for disaster recovery and data breaches, having a well-thought-out social media response plan is equally critical. In this article, we delve deeper into dealing with negative comments on social media and shedding light on the intricacies of managing your online reputation.

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Local Law 18: A Change to Short-Term Rentals In New York City Image

Local Law 18: A Change to Short-Term Rentals In New York City

Matthew A. Ulmann

On Sept. 5, 2023, the New York City Short-Term Rental Registration Law (Local Law 18) took effect which directly impacts the ability of an individual unit owner to rent his or her apartment on a short-term basis.

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Medical Technology: Recent Decisions At the Federal Circuit and the Patent Trial and Appeal Board Image

Medical Technology: Recent Decisions At the Federal Circuit and the Patent Trial and Appeal Board

James W. Soong

Recent developments at the Federal Circuit and the USPTO may inform evolving patent strategy on medical technology.

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    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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