Features

The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses
<b><i>Part One of a Two-Part Article</b></i><p>This article describes conflicts with zoning boards and neighbors as it relates to distressed golf course properties and the methods sometimes available in the bankruptcy realm for working around the problem of restrictive covenants that run with the land.
Features

Risks in Online Collection of Children's Data
As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. Some pose security risks and privacy risk, like those present in voice-activated devices — especially for children. For manufacturers, they also pose regulatory litigation and insurance risks, especially when children end up using their “smart” products.
Features

Use of Arbitration In Place of Inter Partes Review Proceedings
An IPR might be more efficiently accomplished through arbitration than through a PTAB proceeding, so it should be considered by practitioners.
Features

Media & Communications: Advising a Client on Crisis Communications — The Three Rs and Three Fs
If you have not already encouraged your partners to advise their clients of the need to develop a crisis communication plan in advance, and provided some guidance on best practices, do so immediately. As a complement to a well-developed plan, here are two mnemonic approaches to managing communications in a crisis: the three Rs and the three Fs.
Features

Big Law's Trojan Horse: Are the Big Four Preparing an Invasion?
<b><i>Law Firms Partner With the Big Four to Serve Their Clients, But the Accountants Pose an Existential Threat. What Will Happen If — or When — They Turn Competitive?</b></i><p>For law firm leaders, rank-and-file partners and everyone else in the law firm ecosystem, the Big Four shouldn't be a laughing matter. They are serious about selling legal services, and clients are listening.
Columns & Departments
In the Courts
Sentencing for Two Bankers in Zürcher Kantonalbank of Switzerland Case
Columns & Departments
Case Notes
Without Contractual Consent to Inspection, Lack of Protest Doesn't Excuse Landlord's Trespass<br>Resulting Trust Found Where Commercial Property Held in Just One Partner's Name
Features

The Confounding Paradox of Marketing Investment for Struggling Law Firms
“You have to spend money to make money.” Or, so holds the well-worn cliché. Nevertheless, for those firms struggling to find meaningful growth in today's market, where do they find the funds they need to spend in order to spur growth?
Features

Eighth Circuit Rejects Ponzi Scheme Presumption to Protect Legitimate Loan Repayments
The Eighth Circuit affirmed the lower courts' dismissal of a bankruptcy trustee's $250 million fraudulent transfer suit against two banks (the Banks), rejecting the so called “Ponzi scheme presumption” that “allows a creditor to by-pass the proof requirements of a fraudulent-transfer claim by showing that the debtor operated a Ponzi scheme and transferred assets 'in furtherance of the scheme.'”
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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 ›