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Is the Receiver or Debtor More Likely to Preserve and Maximize the Value of the Property In a Bankruptcy?
November 01, 2023
Many clients are not aware that the Bankruptcy Code provides that, upon the filing of a bankruptcy case, the receiver is required to give back possession of the mortgaged property to the debtor unless the lender obtains an order from the Bankruptcy Court excusing the receiver from this requirement.
The Visibility Factor: Overcoming Not Being Seen
November 01, 2023
In most law firms, there are walls that can prevent all of us from being both seen and heard by all within an organization. However, these obstacles can be overcome in most settings, despite the different factors that may keep employees, supervisors and team members from prevailing over them.
Federal Circuit Imperils Term-Adjusted Patents
November 01, 2023
The Federal Circuit recently upheld the Patent Office's decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP).
How the Results of the 9th Annual E-Discovery Unfiltered Report Can Help Your Legal Team Plan for 2024
November 01, 2023
Along with offering key impressions of leading providers in the sector, the "9th annual E-Discovery Unfiltered: A Survey of Current Trends and Candid Perspectives" report identifies the market shifts, pricing patterns, artificial intelligence developments, and data management practices that are driving the transformation of e-discovery.
Outdated Compensation Plans Leave Young Lawyers Disenchanted About Leadership Roles
November 01, 2023
Without recognition for their varied contributions, young lawyers are likely to feel more disenchanted or disinterested in career longevity or leadership duties at a law firm.
How Energy Drink's "Purple Rain" Trademark Application Was Rejected
November 01, 2023
Despite the fact that the trademark manual of examining procedure (TMEP) are readily available and searchable online, there are still a large number of applications that trademark examiners and judges must reject because the application does not conform to one or more conditions set forth in the Lanham Act or TMEP.
Evaluating Commercial Leases Post-'Rohrmoos'
November 01, 2023
Rohrmoos should encourage lawyers drafting leases, and those in lease disputes, to account for some new practical considerations. The drafting attorney should — if they are not already — include a clause in the lease expressly stating the parties' covenants are independent from one another.
Mastering the Art of Handling Negative Comments On Social Media
November 01, 2023
Just as organizations prepare for disaster recovery and data breaches, having a well-thought-out social media response plan is equally critical. In this article, we delve deeper into dealing with negative comments on social media and shedding light on the intricacies of managing your online reputation.
Local Law 18: A Change to Short-Term Rentals In New York City
November 01, 2023
On Sept. 5, 2023, the New York City Short-Term Rental Registration Law (Local Law 18) took effect which directly impacts the ability of an individual unit owner to rent his or her apartment on a short-term basis.
Medical Technology: Recent Decisions At the Federal Circuit and the Patent Trial and Appeal Board
November 01, 2023
Recent developments at the Federal Circuit and the USPTO may inform evolving patent strategy on medical technology.

MOST POPULAR STORIES

  • 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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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; 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.
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