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Removing Restrictive Covenants In New York
August 01, 2022
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Five Essential Steps for Lawyers to Effective Legal Marketing
August 01, 2022
Learning how to market yourself does not have to be difficult. Here are five simple steps you need to follow.
2d Cir. Rules for Baron Cohen In Dismissal of Judge Moore's Defamation Case
August 01, 2022
Following up on an article in the July issue of Entertainment Law & Finance that detailed some of the arguments made before the U.S. Court of Appeals for the Second Circuit in Roy Moore's defamation suit against Sacha Baron Cohen, the court has issued its ruling.
Congress and the Evolving SECURE Act
August 01, 2022
The SECURE Act aims to encourage Americans to save more for retirement, in part by making that process easier. SECURE 2.0, recently passed by the House of Representatives would continue to tweak the rules for contributing to and withdrawing from retirement savings vehicles. It's on its way to the Senate.
Development
August 01, 2022
Denial of Area Variance Upheld Enactment of Historic Preservation Law Did Not Require Hearings
It May Not Be Too Late to Assume That Lease
August 01, 2022
Given the potentially harsh consequence of failing to timely assume a vital lease, a Chapter 11 debtor must be vigilant to avoid a forfeiture. It is important to know, however, that all might not be lost even if the debtor misses this deadline.
White-Collar Enforcement Under the Biden Administration
August 01, 2022
After much saber-rattling, the Biden administration's focus on white-collar corporate compliance is finally coming into focus. Law firms and white-collar compliance experts have long warned the administration's ramped-up focus was coming, but the pandemic largely nixed any initiatives. A spate of recent settlements coupled with the addition of a new white-collar leader at the U.S. Department of Justice is giving the public a look into what compliance will look like under Biden.
How to Manage 6 Risks Affecting Cybersecurity for Law Firms
August 01, 2022
Cybercriminals are increasingly targeting law firms; extortion is quickly realized, given the nature of highly confidential client data. The digital footprint of law firms is constantly expanding, leading to more entrances to a firm's network infrastructure, which is a direct gateway to data.
Use and Enforcement of SNDAs In the Hotel Industry
August 01, 2022
This article examines the agreement — known as a Subordination, Non-Disturbance and Attornment Agreement (SNDA) — typically used by hotel lenders, owners and managers to set forth their respective rights upon a foreclosure, and consider disputes that may arise when a party seeks to enforce its SNDA rights.
Online Accessibility, SEO and Digital Marketing Strategy
August 01, 2022
How can you make your user experience the best it can be for all potential clients, and lead with empathy and equity as you demonstrate your knowledge? That's where your law firm's SEO strategy comes into play.

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  • 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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