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Features

Leasing Strategies for the Semiconductor Industry Image

Leasing Strategies for the Semiconductor Industry

Gary Atkins

To begin, the semiconductor industry is, of course, enormous. The World Semiconductor Trade Statistics (WSTS) released its end-of-year market indicators, showing a solid growth of 9% to over US $333 billion in sales for 2014 over 2013, driven mainly by double-digit growth in the memory products category.

Columns & Departments

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

Discussion and analysis of several pivotal rulings.

Features

Parents May Be Liable for Child's Activity on Facebook Image

Parents May Be Liable for Child's Activity on Facebook

Jeffrey N. Rosenthal

It's 10 p.m. Do you know what your children are posting online?

Features

To Correct or Not Correct Misinformation in Social Media Image

To Correct or Not Correct Misinformation in Social Media

Alan G. Minsk

In June 2014, the FDA issued a draft guidance document on correcting independent third-party misinformation on social media. While the draft guidance is not legally binding, it offers insight on the implications of whether or not to correct misinformation.

Features

'Independent Covenant' Language Image

'Independent Covenant' Language

Lyle Shapiro

Most often, a former employee will claim that the former employer breached the employment agreement . When such a defense is raised, an injunction hearing that should focus on the former employee's wrongful post-employment conduct instead often digresses into an argument about what compensation agreement existed and whether the former employer breached that agreement .

Features

Commercial Lease Diligence Image

Commercial Lease Diligence

Jackie M. Burkhardt

This article reviews the recommended due diligence efforts of the purchaser's counsel with respect to leased commercial property, and elaborates on the pre- and post-closing rationales for completing such diligence review. The main focus of this article is the due diligence activities and rationale of counsel to a potential purchaser of all of the stock of a selling entity. Where relevant, it incorporates the alternate considerations that might arise in the context of an asset purchase or merger structure.

Second Circuit Affirms Protection of the Section 546(e) Safe-Harbor Shield for Certain Madoff Investors Image

Second Circuit Affirms Protection of the Section 546(e) Safe-Harbor Shield for Certain Madoff Investors

Steven B. Smith

The trustee for Bernard L. Madoff Investment Securities LLC (BLMIS) may not clawback money paid out by BLMIS to hundreds of its customers, says the Second Circuit. This article explores the arguments advanced in support of, and in opposition to, avoiding the payments made by BLMIS to its customers.

Features

Time to Define InsiderTrading Image

Time to Define InsiderTrading

Jared Kopel

The average person probably believes it is illegal for a corporate insider to purchase or sell stock based on confidential information or provide the information to an outside trader. However, a bombshell ruling by an influential federal appeals court could make such conduct perfectly legal.

Features

Will That Restriction Hold Up? Image

Will That Restriction Hold Up?

Peter J. Marino, Scott A. Miskimon & Lauren H. Bradley

Given their critical nature to both parties, use clauses, exclusives and prohibited uses are among the most heavily negotiated provisions of any retail lease. As a result, the final draft may contain a number of compromises and vagaries that are understood only by the original parties involved.

Features

Cramdown Interest Rates in Chapter 11 Image

Cramdown Interest Rates in Chapter 11

Robert W. Dremluk

Recently, the United States Bankruptcy Court for the Southern District of New York held, among other things, that debtors could cram down their plan of reorganization on their secured lenders under section 1129(b)(2)(A)(i) of the Bankruptcy Code by providing them with replacement notes paying a below-market interest rate using a formula approach to calculate the applicable interest rate. This article analysis this decision.

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