Columns & Departments
In the Marketplace
Who's doing what; who's going where.
Features
Distressed Bank Restructurings
The FDIC's list of nearly 700 "problem" banks reveals that the problem of inadequate bank capitalization and the need for restructuring remains strong.
Features
Lessors Beware
How can an equipment lessor protect itself against having its equipment "sold out from under it" by a lessee? A discussion of <I>Textainer Equipment Management Limited v. The United States</I> and its implications..
Attachment and Perfection of Security Interests
This article addresses common attachment and perfection problems raised in recent cases, and provides suggestions on how secured parties can avoid these pitfalls.
Features
Restricting Expressive Activities in CA Shopping Centers
This article provides owners and their counsel with suggested guidelines for the restriction of expressive activities, and illustrates the types of shopping center rules that will more likely be upheld by California courts.
Features
In the Spotlight: Options to Purchase in Retail Leasing
This article identifies issues to consider when dealing with options to purchase.
Features
Granting Expansion Options to Tenants
A prudent landlord must consider a number of factors when granting expansion rights to a tenant.
Features
The FCPA and Personal Jurisdiction over Foreign Nationals Residing Outside The U.S.
When may foreign nationals residing continuously outside the United States be prosecuted on civil FCPA charges by the SEC? Conclusion of last month's article.
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- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere 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.Read More ›
- Compliance Officers and Law Enforcement: Friends or Foes?<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted WorkCopyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.Read More ›