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Columns & Departments

Development Image

Development

New York Real Estate Law Reporter Staff

Landowner Did Not Establish Nonconforming Use Protection Zoning Board of Appeals Misconstrued Town Code Definition NYU Has Standing to Challenge Zoning Amendment

Features

Deeper Dive: Preserving Ephemeral Messaging — Capture Data Before Its Ghosts Haunt Your Compliance Image

Deeper Dive: Preserving Ephemeral Messaging — Capture Data Before Its Ghosts Haunt Your Compliance

James Sherer, Brittany Yantis & Luke Record

This article considers how an organization might consider handling information generally, through the lens of a specifically troubling subset of information: ephemeral messages.

Features

How Can Lawyers Get Client Referrals? Image

How Can Lawyers Get Client Referrals?

Bryce Sanders

Getting new business doesn't always involve knocking on doors. It can often be gained by whispering in the right ears.

Features

The State of Cost Recovery In a Hybrid Environment Image

The State of Cost Recovery In a Hybrid Environment

Rob Mattern

Law firm operations are different now. Obviously, the biggest impact of COVID has been the inception and continuation of the hybrid work environment. This has been a kick in the pants for law firms to migrate to a digital working environment

Features

Knockoffs: Are They Always Infringing? Image

Knockoffs: Are They Always Infringing?

Steven D. Lustig

When something is referred to as a "knockoff" it typically implies that the knockoff product is similar in appearance to an earlier product and is unlawful. But that is not always the case. Indeed, there can be infringing knockoffs and noninfringing knockoffs. It depends on the facts and circumstances. To appreciate the difference, a look into the general rules and some specific cases is needed.

Features

SEC Enforcements Highlight Risk of Noncompliance Image

SEC Enforcements Highlight Risk of Noncompliance

John G. Moon & Kenneth M. Silverman

he vast amount of cross-border investment in the U.S. securities market and the SEC's ever-evolving reporting structure compels foreign investor compliance teams and U.S. securities counsel to stay informed of potential reporting responsibilities and keep abreast of developments in the law.

Features

Subchapter V Filings Plummet After Senate Fails to Keep Higher Limit Intact Image

Subchapter V Filings Plummet After Senate Fails to Keep Higher Limit Intact

Alexander Lugo

Subchapter V Filings for a recently crafted bankruptcy option meant to help small businesses overcome financial distress have plummeted after the U.S. Senate failed to pass a law that would keep its restrictions in place.

Columns & Departments

Fresh Filings Image

Fresh Filings

Entertainment Law & Finance Staff

Notable recent court filings in entertainment law.

Features

Leveraging Qualified Opportunity Funds to Minimize Tax Liability Image

Leveraging Qualified Opportunity Funds to Minimize Tax Liability

David S. Cohen & Liam T. Krahe

As the year winds down, savvy real estate investors are searching for ways to minimize their tax liability. One powerful strategy to consider is the qualified opportunity fund (QOF), offering significant tax advantages while promoting long-term growth.

Features

Commercial Property Insurance: How Much Coverage Do You Really Have? Image

Commercial Property Insurance: How Much Coverage Do You Really Have?

Chris Kuleba, Harrell Watts II & Evan Knott

While in many cases involving a substantial property loss the applicable insurance policy limit is clear, in some cases it is not, and the amount to which the policyholder is entitled is governed by a confluence of policy provisions informed by applicable state law.

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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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