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Arizona Appeals Court Joins Other States In Holding COVID-19 Shutdowns Not an Excuse for Missed Rent Payments Image

Arizona Appeals Court Joins Other States In Holding COVID-19 Shutdowns Not an Excuse for Missed Rent Payments

Riley Brennan

The court affirmed a lower court's decision granting the landlords' motion for summary judgment, after determining the applicable force majeure provisions and common law doctrines the tenants relied on didn't excuse payment obligations.

Features

Limitations on Omissions Liability for Opinions Following 'Omnicare' Image

Limitations on Omissions Liability for Opinions Following 'Omnicare'

Gregory Silbert & Joshua Wesneski

"Everyone is entitled to his own opinion, but not his own facts." The Supreme Court has applied this maxim to the securities laws, holding in Omnicare v. Laborers District Council , that while statements of opinion generally are not actionable, there are some narrow circumstances in which such statements entail or imply false or misleading assertions of fact.

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Business Development Strategies to Inspire Trust and Confidence from the Beginning Image

Business Development Strategies to Inspire Trust and Confidence from the Beginning

Stephanie Friese

Someone may think we are exceptionally kind, funny and compassionate, but may not be assured we can accomplish a client's goal, in which case they will be hesitant to refer business to us. So, how do we begin to inspire trust and confidence in the first meeting?

Features

Bankruptcy Court Rules Limited Partnership Agreement Is Not an Executory Contract Image

Bankruptcy Court Rules Limited Partnership Agreement Is Not an Executory Contract

Andrew C. Kassner & Joseph N. Argentina Jr.

Certain types of agreements, such as real estate leases, clearly are executory contracts subject to assumption or rejection in bankruptcy cases. But what about the partnership agreement itself?

Columns & Departments

Bit Parts

Stan Soocher

"Sister Sledge" Sibling's Use of "Sister Sledge Sledgendary" Isn't Trademark Infringement

Features

Rule 10b-5 Liability: The Second Circuit and 'Lorenzo' Image

Rule 10b-5 Liability: The Second Circuit and 'Lorenzo'

Anthony Michael Sabino

Part Two of a Three-Part Article This three-part series discusses the Second Circuit's recent Securities law landmark case, S.E.C. v. Rio Tinto. However, in order to discuss Rio Tinto, it is important to first understand the Supreme Court landmark cases upon which Rio Tinto is based: Janus Capital Group, Inc. v. First Derivative Trader, discussed in the first installment, and S.E.C v. Lorenzo, discussed here.

Features

What Hybrid Work Looks Like In a CRE Firm Image

What Hybrid Work Looks Like In a CRE Firm

Erik Sherman

When it comes to commercial real estate companies and hybrid work, there are those that swear one way or the other, and probably a lot more scratching their heads, trying to understand what will work best.

Features

Won't You Stay? Using Stay Interviews To Gain Employee Feedback Image

Won't You Stay? Using Stay Interviews To Gain Employee Feedback

Scott Wooldridge

Stay interviews are designed to give employees a chance to give feedback and insight into their experience at work so that companies can better meet their needs and concerns.

Features

Courts and Plaintiffs Lawyers Question Viability of 'Texas Two-Step' Image

Courts and Plaintiffs Lawyers Question Viability of 'Texas Two-Step'

Christine Schiffner

As defendants increasingly seek bankruptcy as a resolution to multidistrict litigation claims, plaintiffs firms and judges are starting to ask questions about the legitimacy of the tool commonly referred to as the "Texas Two-Step."

Columns & Departments

Upcoming Event

ELF Staff

New York State Bar Association Entertainment, Arts & Sports Law Section Annual Spring CLE Meeting

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