Features
Chapter 9 Cases with Debtors Other Than Cities, Counties and Towns
Over the past several years, Chapter 9 has been the subject of unprecedented attention, both within the bankruptcy bar and among the public at large. This surge in interest is attributable to a number of high-profile Chapter 9 cases filed recently by cities, counties, and towns throughout the country.
Navigating the Minefield of U.S. Export Control
While the export control regulatory framework can present a dizzying array of requirements for exporters, companies also risk being held responsible for the activities of others, including those abroad who trans-ship their products to destinations embargoed by the United States, or in violation of U.S. licensing or regulatory requirements.
Columns & Departments
Drug & Device News
Items about marijuana laws and choice of law
IP News
Federal Circuit to Decide On First Amendment Constitutionality of Barring Disparaging Trademark Registration<br>Federal Circuit: The PTO's Refusal to Terminate IPR Proceedings Is Not a 'Final Agency Action'
Columns & Departments
In the Courts
In-depth analysis of a recent case in which the government paid $45M to Northrop to settle trade secrets litigation.
Co-op Sale Contracts: Allocating the Risk of Potential Co-op Board Interference
When may a coop buyer escape from a sale contract based on erroneous statements made by the coop board that would, if accurate, interfere with the buyer's right to occupy space associated with the coop shares the buyer has contracted to purchase? The First Department recently faced that issue.
Columns & Departments
Development
Cases involving vested rights, and area variance denial.
Features
Small, Midsize Firms Adapt to Increased Scrutiny
Like their larger counterparts, small and midsize law firms are facing escalating scrutiny from clients over their efficiency, project management and costs. But not all small and midsize firms are reacting in the same way.
'I Demand a Refund'
Numerous class action complaints have been filed recently, challenging labels' claims that the products are "all natural." One of the many roadblocks for plaintiffs in establishing class certification in these cases has been finding a reliable damages methodology that can withstand scrutiny. This article summarizes several proposed models, and how the courts have dealt with them.
Features
<b><i>In the Spotlight:</i></b> How to Break a Commercial Lease
The article contains a basic checklist from both the Tenant's and Landlord's viewpoint on how to break a commercial lease.
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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 ›
- 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 ›
- 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 ›