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SCOTUS Hears Arguments on Copyright Registration Approvals
February 01, 2019
While hearing January 2019 oral arguments before it, the U.S. Supreme Court sounded inclined to resolve a circuit courts' split over copyright registration procedures against copyright holders.
L.A. Sees Many Moves Among Entertainment Law Firms
February 01, 2019
Entertainment practices with well-known clients are in high demand in the Los Angeles legal market, leading to a spate of lateral hires among American Lawyer 200 firms in the latter part of 2018.
Bit Parts
February 01, 2019
Actor's Negligence Claim over Film Set Injury Preempted by California's Workers' Compensation Act<br>Nashville Federal Court Decides Record Producer Didn't Abandon Master Recordings of 1970s George Jones Album
Book Releases
February 01, 2019
The Essential Guide to Entertainment Law: Intellectual Property<br>The Essential Guide to Entertainment Law: Dealmaking
Common-Area Risk Abatement: Who is Responsible?
February 01, 2019
When customers, employees and others invited to or simply passing by a leased commercial property are injured, and want compensation, who will be on the hook for the costs of bodily injury and property damage — the landlord, the tenant, the maintenance and security contractor hired by them, or some combination of these?
The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses
February 01, 2019
<b><i>Part Two of a Two-Part Article</b></i><p>As addressed in the first part of this article last month, addressing the problems confronting golf course owners seeking financial restructuring under Chapter 11, the ability of a debtor to reject a restrictive covenant under Section 365 or to sell free and clear of a covenant under Section 363(f) is limited and the obstacles are difficult to surmount.
Commercial Rent Control in New York: Back Again?
February 01, 2019
As retail vacancies have multiplied in New York City in recent years, some in the City Council have advocated for the reconsideration of commercial rent control, as set out in a proposed piece of legislation, the Small Business Jobs Survival Act This article provides a brief, nontechnical review of the bill and the legal and practical hurdles it faces if enacted.
Beyond the FCPA: M&A Due Diligence Under the Expanded DOJ Corporate Enforcement Policy
February 01, 2019
Over the past few years, the U.S. Department of Justice (DOJ) has taken notable steps to advance the axiom that the business community and law enforcement are "partners, not adversaries." DOJ has now taken its guidance one step further, announcing that the FCPA Corporate Enforcement Policy would apply to all potential wrongdoing discovered by an acquirer in the course of a merger or acquisition, not just to FCPA violations.
Sticking a Hand in the Internet Cookie Jar
February 01, 2019
As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. Some…
A New Philosophy for Managing Partners: Building Consensus Versus Managing As an Autocrat
February 01, 2019
An Astute Lawyer-Manager Must Achieve the Appropriate Balance of Building Consensus Among the Partners Applying management techniques to practice areas may introduce to the firm a new take on methods for enhancing profitability.

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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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