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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.
Real Property Law
April 01, 2019
Title Insurance Inducements<br>Purchaser's Willful Default/Down Payment<br>Tortious Interference Claim Reinstated<br>Easement Scope<br>Mortgage Acceleration
Quasi-Bankruptcy Quagmires
April 01, 2019
<i><b>When Entities May Not Have a Filing Choice and How Creditors Are Impacted</i></b><p>This article explores the difficulties some entities have encountered in filing bankruptcies and how one organization used extraordinary civil remedies in an attempt to accomplish what reorganization under Chapter 11 of the United States Bankruptcy Code would have provided.
A Clash Between 'Free and Clear' and Tenants' Rights Under the Bankruptcy Code's Section 365(h)
April 01, 2019
With the recent carnage in the retail industry, including Sears and many other retailers of all shapes and sizes, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection.
In the Courts
April 01, 2019
The Ninth Circuit affirmed the majority of an $11 million jury verdict brought by a whistleblower who claimed that his company fired him for raising concerns about possible FCPA violations.
Sales Speak: Overcoming the Doer-Seller Dilemma
April 01, 2019
<b><i>Rethinking Sales As an Act of Service</b></i><p>Lawyers are one of only a handful of professionals whose job requires them both to do the work and generate the business. This “Doer-Seller” Dilemma is particularly vexing for lawyers because of a long-held belief that sales is somehow beneath the legal profession and because lawyers have a limited view of what successful selling looks like.
Online Extra: Europe Passes Controversial New Copyright Law
April 01, 2019
<b><i>Technology Platforms Such As Google, YouTube and Facebook Had Opposed the Changes, Which Will Require Them to Compensate Publishers, Artists and Musicians</b></i><p>EU lawmakers have approved controversial new copyright rules that aim to make it easier for content rights-holders to make money when their content is used on digital platforms but could force large platforms such as Google, Facebook and YouTube to make changes to their operations.
Creating a Culture of Intelligence
April 01, 2019
We hear about the ongoing cost pressures clients face, which force in-house counsel to do more with less, and the pressures on outside counsel to provide greater efficiencies and cost predictability. We also hear that clients hate to be cross-sold. However, this does not mean that clients are not interested to be introduced to new colleagues who can provide insight.
Take-Aways from the Sears Sale Process
April 01, 2019
As widely reported, the downfall of Sears was a slow-motion train wreck. Despite its unique size and complexity, however, some of the strategies and techniques used by the stakeholders in Sears can be applied in cases of any size.
IP News
April 01, 2019
In celebration of International Women's Day two years ago, State Street Global Advisors unveiled Fearless Girl at Bowling Green in the Financial District in Manhattan. Commissioned by State Street from the artist Kristen Visbal, the work has since become a part of the zeitgeist amidst global conversations about gender parity, diversity, and inclusion on a broader scale. Now, some two years later, Fearless Girl is raising additional intellectual property questions.

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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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