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Features

Pondering AI Machine Learning and Copyright Fair Use Image

Pondering AI Machine Learning and Copyright Fair Use

Cassandre Coyer

By feeding machine-learning models hundreds of copyrighted pictures to train them to identify and "read" certain concepts, companies could face violating copyright laws.

Features

The Benefits of Subchapter V — But Are You Guaranteed to Stay? Image

The Benefits of Subchapter V — But Are You Guaranteed to Stay?

Sean C. Kulka

Although Subchapter V may create a clearer path to confirmation, debtors must be aware of, and (absent an extension by the court) comply with, the more stringent timing requirements, such as the requirement of filing a plan within 90 days after filing bankruptcy.

Features

Solving the Information Governance Groundhog Day Syndrome Image

Solving the Information Governance Groundhog Day Syndrome

Ben Schmidt & Nathan Curtis

Security and privacy start with good information governance, and for many firms — trying to get their information governance policy implemented feels a lot like Groundhog Day. Yes, the one with Bill Murray. Let's take a closer look.

Features

The Selective Prosecution Defense Image

The Selective Prosecution Defense

Evan T. Barr

This article explores the law on selective prosecution and why, despite the long odds against success, it may still make sense from a defense perspective to assert the claim.

Features

NY's Guaranty Law Adds to Uncertainty for Both Landlords and Tenants Image

NY's Guaranty Law Adds to Uncertainty for Both Landlords and Tenants

Joshua Kopelowitz & Matthew J. Schenker

A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City.

Features

FTC Looks to Focus On Data Privacy and Competition Image

FTC Looks to Focus On Data Privacy and Competition

Isha Marathe

The Federal Trade Commission, under its current chairperson Lina Khan, has released a flurry of press releases and blogs in recent months signaling at a focused commercial surveillance "crackdown."

Features

Duty of Candor and Good Faith With the USPTO Covers Non-Inventors and Non-Practitioners Image

Duty of Candor and Good Faith With the USPTO Covers Non-Inventors and Non-Practitioners

George Chen, Cory Smith and Ryan Fitzpatrick

Practitioners and non-practitioners that are associated with the examination of patents and patent applications should be vigilant about information that may be material to patentability to avoid having an issued patent be deemed unenforceable.

Columns & Departments

Fresh Filings Image

Fresh Filings

ssalkin

Rapper 50 Cent filed a right-of-publicity lawsuit against Angela Kogan and her company Perfection Plastic Surgery & MedSpa in Florida Southern District…

Features

Recession Proofing A Law Firm Image

Recession Proofing A Law Firm

Melissa "Rogo" Rogozinski

Whatever term the economists use to describe the slowing pace of commerce, the real question is: how do you protect your law firm's revenue stream when economic pressures are causing current and prospective clients to tighten their budgets?

Features

Third Circuit Holds Ethical Screen Insulates Side-Switching Lawyer's New Firm Image

Third Circuit Holds Ethical Screen Insulates Side-Switching Lawyer's New Firm

Michael L. Cook

The Third Circuit recently affirmed a bankruptcy court's denial of a defendant's motion to disqualify the plaintiff's law firm in a large adversary proceeding, holding that it had not abused its discretion because the plaintiff law firm had "complied with" ABA Model Rule of Professional Conduct 1.10(a)(2).

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  • Private Equity Valuation: A Significant Decision
    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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