Features
Anti-Money Laundering
As money laundering schemes evolve and become more sophisticated over time, anti-money laundering programs should be periodically reviewed and assessed to ensure that they remain effective.
The JOBS Act
If you are an in-house counsel and have not been studying the JOBS Act, this article is for you.
Supreme Court Issues Four Decisions Favorable to Employers
The U.S. Supreme Court issued four decisions in 2013 involving important questions of employment law that are being widely praised by corporate attorneys for their "pro-employer" rulings.
'Foreclosure Sale'
Special servicers and lenders who have loans secured by real property in Nevada should be aware of a case that is on appeal in that state. Here's why.
Features
The Americans with Disability Act's ATM Standards
Since the March 2012 effective date of the new Americans with Disabilities Act (ADA) standards regulating automated teller machines (ATM), it is estimated that plaintiffs have filed over 100 class action lawsuits in federal district courts across the country.
Features
In the Spotlight: Retail Tenant Bankruptcies
What happens to the landlord when a commercial tenant files for bankruptcy? A look at recent rulings.
Features
The World of Finder's Fees After <i>Futersak v. Perl</i>
Anyone drafting a finder's fee agreement should be aware that they may be walking into a minefield that is waiting to explode if he or she makes a wrong move.
Features
The Code's Safe Harbor Defense
Appellate courts continue to agree on the vitality and breadth of the safe harbor defense contained in Bankruptcy Code (Code) ' 546(e).
Features
Commercial Real Estate Debt Restructuring
For real estate bankruptcy law practices, there is significant opportunity in distressed real estate. This article discusses real estate restructuring teams and how they work.
Features
Beware: Chapter 9 Is Not Just for Cities and Counties
Chapter 9 deals with bankruptcies of municipalities. The Bankruptcy Code's definition of a municipality is not limited to cities and counties. Here's what it means.
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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.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 ›
- 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 ›
- 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 ›