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Legal Tech: E-Discovery Case Spotlight: Custody and Control of Text Messages and Adverse Jury Instructions on Spoliation
June 01, 2022
New e-discovery cases continue to proliferate, spotlighting key trends regarding the handling of ESI in litigation.
Supreme Court Again Addresses Municipal Sign Regulations
June 01, 2022
In 2015, the U.S. Supreme Court applied strict scrutiny to a sign regulation as it related to directional signs placed by a local congregation that held services at different locations each week. In April 2022, the Court took another look at the issue of strict scrutiny relating to "off-premises" signs in City of Austin, Texas v. Reagan National Advertising.
Real Property Law
June 01, 2022
Deed from Intestate Distribtees Effective Without Involvement of Estate Administrator Notice of Pendency Is Not an Election of Remedies That Bars Issuance of Preliminary Injunction Junior Mortgagee Obtained Good Title Despite Defects In Judgment of Foreclosure Limitation on Easement Width Upheld Forged Power of Attorney Voids Documents on Which Mortgagee Relied
Landlord & Tenant Law
June 01, 2022
Habitability and Harassment Claims Survive Motion to Dismiss COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment Renovations Qualified Apartment for High-Rent Vacancy Decontrol COVID-19 Does Not Excuse Failure to Pay Rent
Co-ops and Condominiums
June 01, 2022
Unit Owner Not In Possession Cannot Prevail on Wrongful Ejectment Claim
Experience Is Everything: Why Focusing On Client Experience is Critical and How to Get Started
June 01, 2022
In this marketplace, one thing is abundantly clear: To remain competitive, you must adapt. So how can you adapt in a way that meets the increased expectations of today's client? Focus on client experience.
20 Business Lessons from 20 Years to Apply Today
June 01, 2022
Lessons learned from years of listening, emulating, taking risks, and learning from failures and successes alike.
Brands In the Metaverse: What You Need to Know
June 01, 2022
While it is still unknown how the metaverse will take shape, lawyers advising brands should familiarize themselves with the opportunities it presents, the risks involved, and strategies to consider for enhancing and protecting a client's brand.
The Impact of Trust On Cooperation
June 01, 2022
a tendency to trust optimizes outcomes on average — but you have to think in individual transactions. Are lawyers too distrusting to make good decisions in those instances? This article explores the concept of trust, the impact of trust on cooperation, and whether lawyers have trust issues and what that means for them and for their clients.
Recommendations for Evolving Patent Eligibility of Hardware
June 01, 2022
Regardless of whether a patent practitioner's clients favor a stricter or more lenient eligibility regime, patent eligibility decisions continue to evolve. We need a line drawn for what practitioners expect to be clearer. Hardware inventions are facing patent eligibility challenges that would have seemed more likely in software inventions. Recent court decisions have shown that what once made a hardware invention eligible may no longer fly.

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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