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Features

ESports Streaming Deal Part of Law Firm Practice Aims Image

ESports Streaming Deal Part of Law Firm Practice Aims

Patrick Smith

It's a deal that provides a potential look into a future where esports, like traditional sports before them, provide a potentially lucrative practice area for firms that want to plant a flag in that plot.

Features

The 'Right to Control' Wire Fraud Theory Should Be Eliminated Image

The 'Right to Control' Wire Fraud Theory Should Be Eliminated

Harry Sandick & Ian Eppler

In recent decades, federal fraud prosecutions have relied on the theory that a defendant can fraudulently deprive a victim of the intangible "right to control" its assets, even if the victim is not deprived of any tangible money or property. While this theory has been repeatedly affirmed by the Second Circuit, it is incompatible with a series of recent Supreme Court cases in which the Court has narrowed the scope of federal white-collar criminal statutes by adopting narrow definitions of the term "property."

Features

Treatment of Straddle Year Federal Taxes in Bankruptcy Cases Image

Treatment of Straddle Year Federal Taxes in Bankruptcy Cases

Andrew C. Kassner & Joseph N. Argentina Jr.

When does a tax liability claim arise in a bankruptcy case? The issue was recently addressed by the U.S. District Court for the District of Delaware which ruled that federal income taxes for the year in which a debtor files for bankruptcy are entitled to priority treatment as administrative expenses when the end of the taxable year occurred after the bankruptcy petition date.

Features

Lease Default Provisions Face Scrutiny During COVID-19 Image

Lease Default Provisions Face Scrutiny During COVID-19

Warren A. Estis & Alexander Lycoyannis 

As rent defaults skyrocket in 2020, practitioners reviewing the default provisions in their clients' commercial leases must ask themselves a crucial question: Does the provision set out a conditional limitation or a condition subsequent?

Columns & Departments

Real Property Law Image

Real Property Law

Stewart Sterk

Servient Owner May Not Alter Easement Located By Terms of the Grant Referee Must Be Appointed Before Partition Sale of Shares In Corporate Owner Did Not Trigger Right of First Refusal

Features

Video Conferencing and the CCPA Image

Video Conferencing and the CCPA

Shaia Araghi & Kyle Janecek

Users have become increasingly concerned about the privacy of videoconferencing platforms, due to exposure of information from security breaches. We examined the privacy policies of six prominent applications to determine their compliance with the California Consumer Privacy Act (CCPA).

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

Stewart Sterk

Commercial Tenant Liability Terminated When Landlord Terminated Related Contracts Overcharge Claim Barred By Statute of Limitations

Features

Nondischargeability Judgment Requires Willful and Malicious Injury Under Section 523(a)(6) Image

Nondischargeability Judgment Requires Willful and Malicious Injury Under Section 523(a)(6)

Rudolph J. Di Massa Jr. & Keri L. Costello

In re Smith The Bankruptcy Appellate Panel for the Tenth Circuit recently joined the majority of circuit courts of appeals in finding that a creditor seeking a judgment of nondischargeability must demonstrate that the injury caused by the prepetition debtor was both willful and malicious under Section 523(a)(6) of the Bankruptcy Code.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Artist's Parents Get Dispute With Manager Sent to Arbitration Reasons for Approval of Pro Hac Vice Application in Music Litigation Third Circuit Knocks Down Right of Publicity Claim Over Character in Gears of War Video Game

Features

Cybersecurity Practices Grow As Firms Compete for Talent Image

Cybersecurity Practices Grow As Firms Compete for Talent

Brenda Sapino Jeffreys

Law firms in every segment of the market are hiring cybersecurity and privacy laterals and launching new practices, as more of their clients become aware of their vulnerabilities while working remotely.

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MOST POPULAR STORIES

  • 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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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; 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.
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