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SEC Proposed Rules Include Disclosure of Cybersecurity Risk Assessment Strategy
April 01, 2022
Cybersecurity compliance, already an anxiety-inducing topic for many in-house counsel, is about to get even trickier. The SEC rolled out a host of proposed new cybersecurity rules for public companies.
Wrestling With the Meaning of 'Ordinary' Under the Bankruptcy Code
April 01, 2022
The Bankruptcy Code protects regular, ordinary commercial transactions between distressed companies and vendors willing to continue the relationship. But what is ordinary?
Comic Legends' Estates Say Pandora Streamed Routines Without License
April 01, 2022
In dual lawsuits, the estates of Robin Williams and George Carlin accuse Pandora Media of willfully infringing the legendary comedians' registered copyrights in their "spoken word compositions" — their standup routines — by streaming the sound recordings that embody those routines without a license to use these works.
What Can the Legal Industry Learn from Baseball's Labor Dispute?
April 01, 2022
Major League Baseball just resolved a contentious dispute between owners and the players union over revenue; both parties had been at odds about how to split up the pie. The challenge of splitting up the pie in law firms is going to become an increasing issue in coming years and perhaps even later in 2022 — particularly if the pie doesn't keep growing.
While Associate Salaries Rise to Fight Talent War, Counsel Are Asking, 'Where's Mine?'
April 01, 2022
Uncertainty at most firms has led some Big Law counsel to become unhappy or disgruntled. They may be working the same long hours as their firms' associates, but, in some cases, they're now making less than lawyers with less experience. As a result, many counsel have been reaching out to recruiters.
Inside Cryptocurrency Pump-and-Dump Schemes
April 01, 2022
Cryptocurrency pump-and-dump schemes (CPDs) are becoming increasingly prevalent. As in the case of traditional "pump and dump" schemes, CPDs lead to short-term trading perturbations — exaggerated increases and/or decreases in prices, volume, or volatility.
How the SEC's ESG Disclosure Rules Might Effect Commercial Real Estate
April 01, 2022
After years of discussions and hints, the Securities and Exchange Commission (SEC) finally released its proposed environmental disclosure rule for public company reporting. Getting the information and making the determinations will be a challenge for any sized company that comes under the SEC's purview. But there are significant questions about who is responsible for gathering and reporting information from commercial real estate facilities.
Bit Parts
April 01, 2022
Both Sides' Summary Judgment Motions Denied in Copyright Infringement Suit Over Jimi Hendrix Photo Summary Judgment Granted for Defendant in Copyright Infringement Suit Over "Gimme Some Lovin'"
IP News
April 01, 2022
Federal Circuit: District Court Abused Discretion By Attributing Inconsistent Position to Plaintiff
Common Issues In Commercial Property Bankruptcies
April 01, 2022
A review of landlord-tenant bankruptcy issues that should be in the forefront for landlords and tenants in determining rights, obligations and strategies when a bankruptcy involving a commercial property is filed.

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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