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NJ & CT News

ljnstaff & Law Journal Newsletters

A look at what's happening in neighboring states.

Features

Mobile Devices and Applications that Matter to Attorneys Image

Mobile Devices and Applications that Matter to Attorneys

David Carns

Since the introduction of the Blackberry in the late '90s, mobile computing has been making communication easier for attorneys and their clients. While initial technologies were limited in their capabilities, much has changed in the past 15 years and today's mobile technologies have become a no-compromise solution for attorneys on the go.

Features

Bank Fraud Defined Image

Bank Fraud Defined

Stanley A. Twardy Jr. & Elizabeth A. Latif

The U.S. Supreme Court recently held that the provision of the federal bank fraud statute which makes it a crime to "knowingly execut[e] a scheme ' to obtain" property owned by, or under the custody of, a bank "by means of false or fraudulent pretenses," does not require the government to prove that a defendant intended to defraud a bank into paying him or her money.

Features

Third Circuit Rules For Viacom in Suit Over Compensation For Top Executives Image

Third Circuit Rules For Viacom in Suit Over Compensation For Top Executives

Jeff Mordock

Viacom gave more than $100 million in bonuses and incentive pay to three of the media company's top executives ' Chairman Sumner Redstone, President/CEO Philippe Dauman, and COO Thomas Dooley ' between 2008 and 2011. Typically, corporate taxpayers are able to deduct executive compensation over $1 million if approved by the board and a majority of shareholders.

Columns & Departments

News Brief Image

News Brief

ALM Staff & Law Journal Newsletters

Franchisee Claims Dunkin' Donuts Seeks Illegal Seizure of His Stores

Five Steps to Social Media Authentication Image

Five Steps to Social Media Authentication

Rakesh Madhava

These five steps should be sufficient to authenticate social media and website content in any matter.

Features

Peer-to-Peer Networks Image

Peer-to-Peer Networks

Alex Lassar & Elizabeth Kluger Cooper

Peer-to-peer e-commerce platforms seem to be popping up almost daily, touching nearly every vertical ripe for disruption, or at least providing just a little grease for the wheel. So what does that have to do with commercial leasing?

Features

Hulu Privacy Class Action Can Move Forward Image

Hulu Privacy Class Action Can Move Forward

Julia Love

With eye-popping damages at stake, a federal magistrate refused to allow consumer plaintiffs to move forward as a class with claims that Hulu violated their privacy by sharing the videos they viewed.

You Know About <i>Fisker</i> Image

You Know About <i>Fisker</i>

Jonathan Brand & Jonathan Friedland

TRUE or FALSE: Lienholder buys a distressed loan from original lender. Lienholder acts appropriately and reasonably at all times and lien is valid and perfected. Lienholder has an increased risk of having its credit bid limited or capped because of <I>In re Fisker Automotive Holdings, Inc.</I>

The Anti-Assignment Override Provisions Image

The Anti-Assignment Override Provisions

Barry A. Graynor

UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?

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MOST POPULAR STORIES

  • 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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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There 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.
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