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Challenges Faced By U.S. Debtors Aiming to Qualify for Chapter 15 Recognition
October 01, 2023
When restructuring or liquidating a non-U.S.-based company with U.S. operations, practitioners should consider the benefit and efficiency of utilizing the company's home country laws under a foreign proceeding and a Chapter 15 in the United States.
SPAC Transaction Challengers Face Uphill Battle
October 01, 2023
Recent decisions by the Delaware Court of Chancery demonstrate that when a special purpose acquisition company (SPAC) transaction and the disclosures surrounding it are challenged, defendants may face an uphill battle to prevail on a motion to dismiss, especially where breach of fiduciary duty claims have been asserted.
Federal District Court Denies Copyright to AI-Generated Art Piece
October 01, 2023
Recognizing that U.S. "copyright law protects only works of human creation," the court determined that the Copyright Office "acted properly in denying copyright registration for a work created absent any human involvement."
Real Property Law
October 01, 2023
Questions of Fact Remain About Width of Easement Transfer Invalidated As Fraudulent Transfer Cotenant's Operation of Mine Not Enjoined Homeowners Association Lacked Standing to Enforce Covenant Easement Holder Liable for Trespass After Easement Was Extinguished
Net Lease Makes a Reset
October 01, 2023
Of all the categories of commercial real estate, net lease is proving to be as resilient as it typically has been during down times. That is not to say that transactions haven't plummeted in this space — they have — but it does point to the asset class' ability to pivot, or make a reset when necessary.
Using Articles and Blogs To Grow Business for Attorneys and Law Firms
October 01, 2023
By tapping into the potential of written content, you can effectively attract, engage, and convert your target audience, ultimately bringing in more business and contributing to long-term success in the digital landscape.
Fresh Filings
October 01, 2023
Notable court filings in entertainment law.
Second Circuit: Notes Issued from Syndicated Loan Transaction Are Not Securities Under 'Reves' Test
October 01, 2023
In an important recent decision, the U.S. Court of Appeals for the Second Circuit reviewed a $1.7 billion syndicated loan and provided a helpful analytical framework for determining whether applicable securities laws were called into play.
Pressing Issues for Landlords and Tenants In the Event of a WeWork Bankruptcy
October 01, 2023
This article discusses in substance the most pressing issues for both landlords and tenants in the event of a WeWork bankruptcy filing under the U.S. Bankruptcy Code.
DOJ and States Open Antitrust Case Against Google for Monopolizing Internet Search Market
October 01, 2023
The U.S. Department of Justice and dozens of states opened their antitrust case against Google in Washington last month, accusing the tech giant of illegally monopolizing the internet search and related ad markets.

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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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  • 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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