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Narrow Win for Speech in Online Threats Case Image

Narrow Win for Speech in Online Threats Case

Tony Mauro

The U.S. Supreme Court mentioned rappers or rap music nine times in its long-awaited June 1 ruling on the prosecution of threats posted on Facebook. The court even cited "the well-known performer Eminem" for the first time in its history.

Columns & Departments

Cooperatives & Condominiums Image

Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

Analysis of a case in which the Business Judgment Rule barred a conversion claim by a co-op shareholder.

Features

Treatment of Social Media Accounts In Bankruptcy Image

Treatment of Social Media Accounts In Bankruptcy

Shmuel Vasser & Negisa Balluku

In today's digital marketplace, understanding how the law applies to virtual assets is becoming as important as understanding how it applies to the brick-and-mortar world. Despite the importance of the Internet to commerce, however, it is still unclear how important provisions of bankruptcy law apply to certain virtual assets.

In the Courts Image

In the Courts

ljnstaff & Law Journal Newsletters

In a recent decision, the U.S. Court of Appeals for the Fourth Circuit confirmed the wide discretion federal prosecutors have to introduce evidence of a criminal defendant's scheme to defraud.

Features

Does the CFPB's New Integrated Disclosure Rule Preempt New York State Law? Image

Does the CFPB's New Integrated Disclosure Rule Preempt New York State Law?

Eric B. Epstein & Daniel W. Beebe

The Consumer Financial Protection Bureau's (CFPB) new "Integrated Disclosure Rule" ' currently scheduled to take effect on Oct. 1, 2015 ' redesigns the disclosures that are provided under the Federal Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) in connection with certain residential mortgage transactions.

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

A look at a cases involving Section 8 benefits, a guarantor moving for summary judgment, and a summary nonpayment proceeding.

Columns & Departments

Case Notes Image

Case Notes

ALM Staff & Law Journal Newsletters

A look at a case involving alleged pregnancy discrimination.

Features

e-Discovery In An Information Governance World Image

e-Discovery In An Information Governance World

Marta Farensbach

Electronic discovery experts continue to put an emphasis on recognizing e-discovery as part of a complete information governance (IG) solution. Yet, despite its ubiquity, many professionals who have a solid grounding in electronic discovery struggle to understand how it falls into the broader world of information governance.

Brokerage Windows in Retirement Plans Image

Brokerage Windows in Retirement Plans

Andrew L. Oringer, Andrew H. Braid & Aaron S. Cha

In 2014, the DOL published a request for information (RFI) regarding the use of so-called "brokerage windows" under retirement plans, such as many "Section 401(k)" plans, that allow participants (and beneficiaries) to direct the investment of their retirement accounts. The RFI is one of the more recent developments surrounding what has become an increasingly controversial topic regarding the investment of Section 401(k) plans and other participant-direct retirement plans.

Features

Sirius XM Fends Off Turtles' Recordings Suit in Florida Image

Sirius XM Fends Off Turtles' Recordings Suit in Florida

Zoe Ferguson

After several defeats, Sirius XM Radio won an important ruling in its ongoing legal battle with the '60s rock band The Turtles.

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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.
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  • 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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