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Features

SEC to Continue to Punish Wrongdoers and Deter Misconduct Image

SEC to Continue to Punish Wrongdoers and Deter Misconduct

Jonathan H. Hecht & Emily S. Unger

The Division of Enforcement will likely continue to use "every tool in its toolkit" and expect that public companies and other market participants will think rigorously about their business and appropriately tailor compliance practices and internal controls and policies to match.

Features

Fifth Circuit Adds Color to Abstention Issue Image

Fifth Circuit Adds Color to Abstention Issue

Francis J. Lawall & Brenden Dahrouge

Rules Bankruptcy Court Lacked Jurisdiction to Decide State-Governed Question Jurisdictional boundaries within the federal system as between bankruptcy and district courts as well as various federal agencies can be a maze that is at times nearly impossible to navigate. Further complicating matters are those cases involving state-regulated issues that add abstention to the mix.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Sixth Circuit Affirms Late Don Everly's Sole Authorship Right to Everly Brothers' 1960 Hit "Cathy's Clown"

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Issues of Fact Preclude Summary Judgment on Habitability Claim

Features

Music Rates and Royalties In 2023 Image

Music Rates and Royalties In 2023

Jeff Brabec & Todd Brabec

Part One of a Two Part Article A look at the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.

Features

The Impact of Fed Rate Hikes on CRE Financing Image

The Impact of Fed Rate Hikes on CRE Financing

Erik Sherman

When experiencing pain, the natural human response is to ask when it might stop. That is what commercial real estate, among other industries, have been doing. When will inflation end and the Federal Reserve stop hiking rates?

Features

Circuit Split Reflects Disagreement About the Relationship Between Scheme Liability and SEC Rule 10b-5(b) Image

Circuit Split Reflects Disagreement About the Relationship Between Scheme Liability and SEC Rule 10b-5(b)

Stefan Atkinson & Yi Yuan

Historically, federal courts generally agreed that scheme liability under SEC Rule 10b-5(a) and (c) requires something more than a misstatement or omission — with misstatements and omissions typically being litigated under Rule 10b-5(b) instead. However, the SCOTUS in Lorenzo v. SEC held that an individual who disseminates a misstatement, without other fraudulent conduct, is potentially liable under the scheme liability provisions of Rule 10b-5. Subsequently, a circuit split has emerged over the scope of Lorenzo's holding.

Features

Despite Aggressive Rate Increases from Law Firms, Clients Have Room to Negotiate Image

Despite Aggressive Rate Increases from Law Firms, Clients Have Room to Negotiate

Andrew Maloney

Rate increases across the legal industry haven't been as big as the conventional wisdom implies, and clients have more room to negotiate than they probably realize.

Features

Marketing Tech: Legal Ops Success In an Uncertain Economy Image

Marketing Tech: Legal Ops Success In an Uncertain Economy

Ari Kaplan

Ari Kaplan speaks to leaders in legal ops on key themes emerged that are likely to drive new initiatives in 2023.

Features

Rights of Tenant to Security Deposit When Landlord Files for Bankruptcy Image

Rights of Tenant to Security Deposit When Landlord Files for Bankruptcy

Andrew C. Kassner & Joseph N. Argentina Jr.

As we debate whether there will be a "soft" or "hard" landing of the economy and the resulting effect of different landings on the volume of bankruptcy filings, it is helpful to review how a bankruptcy filing affects not only rights between a creditor and the debtor, but also the respective rights of creditors against property held by the debtor.

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