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Split Ninth Circuit Requires Default Interest To Cure Default
A Chapter 11 debtor "cannot nullify a preexisting obligation in a loan agreement to pay post-default interest solely by proposing a cure," held a split panel of the U.S. Court of Appeals for the Ninth Circuit on Nov. 4, 2016.
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<i>Sales Speak</i><br>Business Development Best Practices: Client Teams
All about Client Teams and how to make them work to your advantage.
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The Meaning of 'Sex'<br><i><font size="-1">LGBTQ Rights Under the Legal Microsope</i><br><i>Part Two of a Two-Part Article</font></i>
The Supreme Court's decision in <i>Gloucester County School Board v. G.G.</i> is likely to have a significant impact on federal workplace discrimination laws, despite the fact that the case does not implicate the employment relationship, or involve employment law.
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How Should Noise Ordinance Be Applied to This Music Venue?
Noise ordinances are often the bane of live performances venues. A jazz brunch in Miami Beach has sparked litigation between the city and a cafe owner with an interesting twist over the constitutionality of the city's noise ordinance.
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Search Warrants for IoT Data Spur Legal, Privacy Complications
<b><i><font size="-1"> Law Enforcement Attempts to Access Amazon Echo Raise Questions over the Viability of IoT Data in Investigations and the Vulnerability of Private Information</b></i></font><p>A case surrounding a mysterious death in a Benton County, AR, has far-reaching implications for the ownership and privacy of data generated from Internet-connected devices.
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<font size="-1"><i>At the Intersection</i></font><br>Lawyers Are Ignoring A Vital Business Development Tool
When we teach and discuss Legal Project Management (LPM), we stress that the last of LPM's five basic steps, Post Project Review, not only is every bit as essential as the first four steps, it can be an extraordinarily powerful business development lever, as well.
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Amending Patent Claims in Post-Grant Trial Proceedings
<b><i>What You Need to Know</i></b><br>The America Invents Act gave patent owners the right to move to amend their patent claims. To date, however, this right has been more illusory than real. Given their dismal success rate so far, many hope that the tide will turn in favor of granting more motions to amend.
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The Evolution of the 'Virtual Law Firm'
<b><i>Though “Virtual Firms” Are on the Decline, Cloud Technology May Be Shifting the Model to Refocus on Lawyer Mobility</i></b><p>While the "virtual lawyer" may be on the decline, the technology making law practices more portable and potentially more efficient has seen a surge. The rise of cloud computing in particular has made it possible for attorneys to keep all the technology tools they need to practice on hand at all times and eschew direct client contact and office space if so desired.
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Cybersecurity Public Private Partnerships: Challenges and Opportunities
Close cooperation between the public and private sector is crucial, given the enormous risks associated with the continued acceleration of global connectedness. Upon closer inspection, however, significant cultural and legal barriers exist that can hinder further cooperation necessary to effectively combat the cyber theat.
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- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- 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 ›