Columns & Departments
ROYALTY ROUNDUP Loan-Out Companies; Limitations Defense
The 2010 ruling by the U.S. Court of Appeals for the Ninth Circuit that artists can be entitled, under their pre-existing recording agreements, to half of record-label income from digital sales has triggered claims involving thousands of artists.Following are three recent developments in this litigation area.
Features
The Scope of Indemnification in DIP Financing Agreements
This article examines the typical DIP financing indemnification provision and the less frequently seen pre-petition indemnification provision, and examines the effect of pre-petition indemnifications on the bankruptcy estate.
The Mutual Benefits of Trust: Building an Attorney-Client Relationship in Collections Work
With a commitment to some fundamental operating principles and a focus on building a mutually beneficial relationship, both the collections attorney and his or her client can develop and maintain a long-term working relationship that really is, for all intents and purposes, a partnership.
Cut Off Dates for The Valuation of Active Assets
It is long established under New Jersey law that the cut-off date for equitable distribution of an active asset is the date of the filing of the Complaint. The law in New York, however, allows some flexibility, and other states have departed from the bright-line rule.
Features
Con Ed Reversal Ends LILO/SILO Saga ' And Then Some
In January, the U.S. Court of Appeals for the Federal Circuit handed down its decision in <i>Consolidated Edison Company of New York, Inc. v. United States.</i> The decision reverses the only lower court case that had decided a LILO or SILO transaction in favor of the taxpayer, and likely ends the decade-long litigation of these contentious leveraged lease cases.
Features
Flawed Forensic Custody Reports
When a report has meaningful flaws that get in the way of trial goals, it is important to amplify the data and conclusions that support a client's interests so that they rise above, or overwhelm the "noise" that will be created by the other side .
Features
Child Custody Factors: Relationship with Both Parents Gains in Importance
Deciding between parents in a contested child custody dispute is one of the most daunting challenges a court can face. Here's an in-depth look at the issue.
Career Journal: Maximizing Your Marketing Talent
The reason that time management is so difficult for law firm marketers is because you are working for multiple bosses in a client-service, reactive work environment. This translates into having little control over what will hit your desk on any given day at any given minute.
Features
How to Write in the 'e-Age'
Writing in many parts of the legal and business worlds has probably changed more in the last decade than in any comparable period over the last five centuries. Those who fail to adapt will pay the consequences.
Media & Communications: Spring Awakening
As your law firm heads into a busy and active spring season, here are several topical issues that can remind us of how we can add some rejuvenation and much-welcomed change into our legal marketing best practices.
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- 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 ›
- 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 ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.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 ›