In the Spotlight: Renewing a Lease
The market has seen significant activity in lease renewals. This article examines the steps to be taken and the key issues to keep in mind if you represent either a landlord or tenant looking at a lease renewal as an option.
The New ACORD Certificates of Insurance
The Certificate and Evidence of Insurance forms that ACORD made effective in late 2009/early 2010 have raised alarm among insurance certificate holders and their attorneys. Here's why.
Features
In the Courts
In-depth analysis of a recent important ruling.
The Crime of Bank Fraud, and the Question of Intent
In a recent case, however, the Second Circuit underscored that plainly fraudulent conduct is not always sufficient to satisfy the strictures of particular federal statutes.
Corporate Criminal Liability
While the government is busy holding businesses liable for criminal conduct, skeptics remain critical of its methods.
Sunbeam Eclipsed
A recent decision of the Seventh Circuit, <i>Sunbeam Prods. v. Chi. Am. Mfg., LLC</i>, has been viewed by many, including the authors of this article, as signaling a potential trend in favor of non-debtor licensees of intellectual property.
The Champerty Doctrine Under New York Law
A recent New York case demonstrates that the common law doctrine of champerty still poses a threat to the market for distressed debt.
Investing in China: What Every Investor Must Know
There are many companies listed on U.S. stock exchanges whose assets are located in China. Recently, many of these companies have faced increased scrutiny by their shareholders, bondholders, other investors and the Securities and Exchange Commission (SEC).
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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 ›
- 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 ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›