Features
Commercial Real Estate Debt Restructuring
To restructure loans experiencing maturity defaults effectively, the business, finance, and legal sectors must collaborate in a field that is as much art as it is science.
Features
In the Spotlight: Buildout Provisions in Office Leases
When it comes to building provisions, The signed lease should provide both parties with a clear roadmap to achieving a mutually acceptable result. Here's how.
Features
<b><i>Online Extra</b></i> Social Media Privacy Laws and the Financial Industry
Many employers use publicly available Facebook pages, Twitter feeds, and other social media outlets as screening tools for job applicants. And they may also use them as a way to monitor employees. After all, a picture is worth a thousand words. A handful of employers, however, have pushed their due diligence even further than standard Internet searches.
<b><i>Online Extra</b></i> Fordham Spearheads Online Privacy Classes in Middle Schools
Law students are heading back to middle school this year ' to teach kids about Internet privacy.
Features
Understanding Your Firm's Culture
When law-firm leaders create or modify a firm's strategic goals, they typically do not spend enough time thinking through the ways in which they may have to change the culture if the strategy is to succeed.
Columns & Departments
At the Intersection: Magical Thinking
Even enlightened leaders often find it hard to get rank-and-file partners to align their individual near-term behaviors with the leaders' long-term strategic vision.
Features
Financial Considerations That Involve Your Partnership Agreement
Is becoming a Partner still a realistic expectation in most large firms?
Features
Do Actions Speak Louder than Words?
Extrinsic evidence of past policy interpretation may take many forms, and one form is evidence of the parties' own course of performance with regard to the insurance policies at issue.
Features
Heading for the Exits
This article discusses select leasing issues from recent investment sales transactions, and suggests drafting pointers that can be used to avoid or limit the negative impact these issues may have on the sale of a property.
Columns & Departments
Business Crimes Hotline
A discussion of recent key litigation.
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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 ›