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A Clash Between 'Free and Clear' and Tenants' Rights Under Bankruptcy Code Section 365(h)
May 01, 2019
With the recent carnage in the retail industry, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection. A recent case that brings balance is <i>Revel AC Inc. v. IDEA Boardwalk, LLC</i>.
Case Notes
May 01, 2019
Contractual Allocation of Damage Risk Thwarts Insurer's Subrogation Claim<br>Lacking Specifics, Lease Term Is Unenforceable
E-discovery and Beyond: Facing Change in the Age of AI
April 01, 2019
A Roundtable Discussion Experts share their experience and insight on the evolving acceptance and use of AI and advanced analytics tools for e-discovery — and beyond.
Is Cyber-Risk Insurable?
April 01, 2019
In an environment of moving targets, it seems unimaginable that insurance against cybersecurity attacks can be robust enough to provide real protection. There are many types of risks involved, and some include physical damage to property.
The Principles of Good Cyber Risk Management
April 01, 2019
Apart from headline grabbing attacks, we are now seeing an epidemic of cyber attacks. Concern has shifted from dealing with data being stolen and sold on the dark Web to handling serious ransomware and destructive attacks, where attackers are looking for immediate monetary output.
Will the EU-Japan Data Transfer Partnership Agreement Have Global Influence?
April 01, 2019
With countries around the world examining and strengthening their data protection laws, this agreement could be the first of many and will undoubtedly have global repercussions.
Second Circuit Blocks Video Privacy Suit Brought Against Barnes & Noble
April 01, 2019
A would-be class action against Barnes & Noble could have cost the bookseller hundreds of millions of dollars — not to mention a reputational hit for allegedly sharing private information about its customers' online video purchases with Facebook.
Privacy Notices, Opt-In Clauses Debated as U.S. Regulators Shape Federal Privacy Law
April 01, 2019
Tech giants' privacy counsel and U.S. senators discussed opt-in policies, lengthy, legalese-filled privacy notices and location tracking. The discussion aimed to further shape a potential U.S. federal data privacy law.
Legal Tech -- Behind the Tech: Client-Centric Innovation: The Evolution of the Casepoint Platform
April 01, 2019
<b><i>One In a Continuing Series of Articles Looking At Legal Tech Innovation and the Story Behind It</i></b><p>In seeing clients' pain-points and becoming intimately engaged with their internal processes, my colleagues and I resolved to address a problem that many of our clients may not have even known they could fix. Our overriding goal from the outset was to fill the efficiency void that was so obvious in all of the feedback we were receiving from clients across the board by developing a fully integrated, end-to-end legal workflow platform.
Ultra Music Festival Disputes Result in Decisions Within Days of Each Other
April 01, 2019
Only days after winning dismissal of an anti-trust lawsuit over its 2019 move to a new location in Miami, FL, for the Ultra Music Festival, Worldwide Entertainment lost its bid to reopen a court case over use of the "Ultra Music" brand for a festival overseas.

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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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