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In the Spotlight: Renewing a Lease Image

In the Spotlight: Renewing a Lease

Anthony Casareale

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 Image

The New ACORD Certificates of Insurance

Brent Winans

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

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

A look at a recent ruling.

Features

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

In-depth analysis of a recent important ruling.

The Crime of Bank Fraud, and the Question of Intent Image

The Crime of Bank Fraud, and the Question of Intent

Laura Grossfield Birger

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 Image

Corporate Criminal Liability

Robert J. Anello

While the government is busy holding businesses liable for criminal conduct, skeptics remain critical of its methods.

Features

On the Move Image

On the Move

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Sunbeam Eclipsed Image

Sunbeam Eclipsed

Kevin J. Walsh & Ella Shenhav

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 Image

The Champerty Doctrine Under New York Law

Jeffrey Gross & Nathaniel J. Palmer

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 Image

Investing in China: What Every Investor Must Know

Nancy A. Peterman, Miriam G. Bahcall & Michael R. Cedillos

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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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.
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  • Private Equity Valuation: A Significant Decision
    Insiders (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.
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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There 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.
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