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First Dark Web Insider Trading Case Shows Government Active In Policing Tech
April 01, 2022
In a first of its kind prosecution, the Southern District of New York brought an insider trading case against defendant for selling inside information on the Dark Web. The SEC also brought a civil regulatory action against the defendant for the same conduct. In a rare move, however, SDNY and SEC charged this same conduct under different insider trading statutes. This difference underscores the legal complexities involved when the origin of inside information in the digital world is unknown.
Fresh Filings
April 01, 2022
Notable court filings in entertainment law.
Keep Terms of Service and Privacy Notices Separate
April 01, 2022
This article examines why terms of service and privacy notices should work in conjunction with one another, but also why it is not advisable to incorporate privacy notices into online terms of service.
Landlords Turn the Tech to Keep Up With Sustainability Requirements
April 01, 2022
Government policies are pushing landlords to meet new sustainability requirements, heaping pressure on investors to back up their efforts to go green. In response, more owners are relying on AI and other technologies to help them meet the challenge and avoid steep financial penalties.
Is the Use of Third-Party Releases In Bankruptcy Cases Stretched Too Thin?
April 01, 2022
Third-party releases are often incorporated into the bankruptcy plan as a means of protecting nondebtor parties from litigation that is directly or even tangentially related to the debtor's business. Over the last several years, the scope and use of such third-party releases appears to have been stretched arguably to the breaking point as demonstrated in a recent and important district court decision.
Ninth Circuit Issues Decision on Trade Secret Injunctive Relief
April 01, 2022
Earlier this year, the Ninth Circuit issued a decision affirming a district court's denial of an injunction following a finding of trade secret misappropriation. While the opinion is designated as unpublished — and therefore not precedential — the panel's reasoning sheds light on an important issue in trade secrets remedies.
Law Firms Are Using Clawback Provisions to Stop Lateral Departures
April 01, 2022
As law firms face mounting pressure from the talent wars, many are attaching strings to their partnership agreements in order to protect their partnerships and forestall lateral departures in a high-demand market.
Second Circuit 'Connolly' Ruling Shows Limits of Mail and Wire Fraud Statutes
April 01, 2022
The Connolly decision draws attention to the limits of the mail/wire fraud statutes — laws that are quite expansive but can also be stretched too far when applied to conduct in financial markets, especially markets tied to opaque rules and practices.
7 Concerns for Commercial Real Estate Investors In a Volatile Market
April 01, 2022
It appears that the CRE industry is entering a period of high volatility with the Fed promising to raise interest rates, soaring inflation, the war in…
Players on the Move
April 01, 2022
A look at moves among attorneys, law firms, companies and other players in entertainment law.

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    “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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