Features

2024 Could Mark a Turning Point for Office Sector
The drumbeat of bad news from the office sector has been so pervasive over the past years that it has almost become a fact of life. But a new report suggests that 2024 could mark a turning point — with the possibility in a few years that demand for office space will exceed supply.
Features

Appointment of Receiver Under State Law No Assurance Receiver Will Stay If Ch. 11 Filed
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.
Features

'Do More With Less' Is Theme from New Legal Ops Report
The overarching finding of Thomson Reuters Institute's "2023 Legal Department Operations Index" is that workloads are increasing but budgets aren't. The phrase "do more with less" appears three times in the report and similar sentiments appear on nearly every page of the its 25 pages.
Columns & Departments
Fresh Filings
Notable court filings in entertainment law.
Features

WEBINAR: AI & Intellectual Property
Owners of intellectual property should be aware of how their works are used by generative AI models and the users of these tools, and timely action should be taken to defend intellectual property against infringement. Join LJN for a free webinar on Nov. 9.
Columns & Departments
Development
Contract Vendee Lacks Standing to Challenge Denial of Permit Application Board's Denial of Site Plan Approval Invalidated Inadequate SEQRA Review Requires Denial of Site Plan Approval
Features

When Should Law Firms Speak Out On An Issue?
In an era of ESG characterized by heightened awareness of social justice issues, including terrorism, racial injustice, and reproductive rights, the question of whether law firms should take a public stance has become a significant discussion among firm leaders, businesses, and their employees.
Features

Managing Regulatory Risks In Times of Hyper-Aggressive Enforcement
Companies need to be proactive and super-responsive to investigators to manage regulatory risks in this area of hyper-aggressive enforcement, according to in-participants in a recent panel at ALM Global's General Counsel East in New York City.
Features

With Interest Rates On the Rise, Reinstatement Will Again Become An Attractive Restructuring Strategy
To formulate a reinstatement plan that will survive challenges, debtors and creditors should heed the lessons from two high-profile reinstatement cases from the Southern District of New York that were decided just months apart: Charter Communications and Young Broadcasting.
Features

Embracing Drivers of Performance Other Than Billable Hours Can Be More Efficient and Resilient to Change
By shifting some focus away from input (billable hours) and embracing output (results), law firms can become more efficient and resilient to industry changes, improve client satisfaction, attract top talent and be better equipped to meet other, more long-term financial targets.
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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 ›