Features

Subchapter V Could Be Ideal Choice for Franchisees
When franchisees choose to financially reorganize under the Bankruptcy Code, they may be the right size to choose to reorganize under Subchapter V of Chapter 11. Where the franchisor and the franchisee cannot reconcile, Subchapter V may provide the franchisee with breathing room and leverage to be revitalized.
Features

Do Pharmaceutical Patents Do More Harm Than Good?
This article discusses how a pharmaceutical patent works, its role in drug development, and the polarizing impact it has on global health care.
Features

Can Your Spouse Help You Find New Clients?
Sooner or later, everyone needs a lawyer. It has been said the average American knows 600 people. You might have done a good job at raising awareness among your friends about how your can help them. Your partner likely knows 600 people too. There is overlap, but plenty of new names. Can they spot a business opportunity and tell your story?
Columns & Departments
Fresh Filings
Notable recent court filings in entertainment law.
Features

Most Companies Don’t Honor Privacy Opt-Outs
Global privacy control lets computer users set privacy preferences in their browsers, automatically sharing those choices whenever users go to a site. It’s supposed to give individuals more control over their personal data, allowing them to opt in or out of cookie usage, data sharing, data selling and targeted advertising.But they only work if companies honor them. And in most instances, they don’t.
Features

How to Turn More Lawyers Into Rainmakers
As a leader, one of your main responsibilities is helping your lawyers generate more revenue. But what tools and approaches can you employ to make that happen?This article shares insights from a five-week mastermind program conducted with 20 Professional Development experts from Am Law 200 firms.
Features

Despite SCOTUS Ruling, Aggravated Identity Theft Statute Ripe for Overreach
Despite a Supreme Court ruling aimed to curb the prosecutorial overreach of the Aggravated Identity Theft Statute by narrowing its interpretation, the statute remains inherently vague, perpetuating unjust outcomes. Without legislative amendment or more definitive judicial guidance, the statute will continue to serve as a tool for prosecutorial overreach.
Columns & Departments
Co-ops and Condominiums
Limited Warranty Establishes Defense to Consequential Damages Claim Against Sponsor
Features

Federal Judge Allows Public Nuisance Claims Against Social Media Sites to Go Forward
Social media took another hit Nov. 15 after a federal judge allowed most of the public nuisance claims brought by school districts in the addiction cases to move forward.
Features

Mortgage Can Be Modified By Ch. 11 Plan, Even If Debtor Is Not Indebted, But Cram-Down Limited
Today we review a situation where a 50% interest in mortgaged commercial real estate was transferred without the consent of the lender, and the new tenant-in-common owner subsequently filed a Chapter 11 case and attempted to modify the payment terms of the mortgage loan to which he is not a party.
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- 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 ›
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- 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 ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›