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Swiss Bank Pays for Helping U.S. Clients Evade Taxes
September 01, 2018
Here's a sure way to lose half your cooperation credit in a federal investigation: Let your in-house counsel advise employees not to cooperate with U.S. prosecutors.
Professional Development: Overcoming Business Networking Anxiety: It Just Takes Practice
September 01, 2018
Coffees, breakfasts, luncheons, dinners and receptions are all part of doing business; they are also essential to attracting business. These situations, however, can be uncomfortable. But there are ways to overcome the discomfort. The following are a few tips that will help you feel prepared and confident in networking situations.
Patent Eligibility of User Interfaces
September 01, 2018
<b><i>Advances in UI Design Can Provide Key Competitive Differentiation and Advantage, Which Makes Protecting Them Critically Important from a Business Perspective</b></i><p>Advances in UI design can also provide key competitive differentiation and advantage, helping to distinguish otherwise commoditized products and services such as computers, Web services, wearables, and appliances. Given this advantage, protecting advances in UI design can also be critically important from a business perspective.
Landlord & Tenant
September 01, 2018
Subletting Rent Stabilized Apartment for Short Periods Is Not a Curable Defect<br>Tenant May Terminate When Landlord Failed to Cure Landmarks Violation<br>Breach and Fraudulent Inducement Claims Survive Motion to Dismiss<br>Late Fees Not Enforceable<br>Subtenants Not Entitled to 30 Day Notice
The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses
September 01, 2018
<b><i>Part One of a Two-Part Article</b></i><p>A simple Web search will unearth countless privately-owned golf courses that have closed, are for sale, or have sought bankruptcy protection as an avenue toward a financial restructuring or redevelopment. However, there are limitations on what the owner of a golf course can accomplish in Chapter 11 when the property is burdened with restrictive covenants limiting the use of the property.
Attorneys' Primer on Video Game Mods
September 01, 2018
As far as software developers are concerned, video game modifications are not always a bad thing. The greatest cause for concern, however, arises when a modder creates a standalone game without permission from the developer — and then the new game takes market share away from the original.
Impact of the Big Four on the Legal Market
September 01, 2018
<b><i>EY's Announcement That It Is Acquiring Riverview Law Could Accelerate the Pace of Change in the Legal Industry</b></i><p>There has been much talk in the past year that the Big Four were sniffing around the alternative legal services market looking for an acquisition. That wait is now over. Here is an analysis of how the acquisition may impact different sections of the legal market.
Summary of Developments Under New York's Environmental Quality Act
September 01, 2018
The courts issued 41 decisions in 2017 under the New York State Environmental Quality Review Act, and changes were made to regulations themselves this year. This article summarizes the most important of these cases and regulation changes, and the patterns they represent.
Business Crimes Hotline
September 01, 2018
3M Settles False Claims Act Lawsuit over Defective Military Earplugs
Case Notes
September 01, 2018
Tenant Improvement Does Not Shift Repair Responsibility Away from Landlord<br>Attorney Fees Not Court-Ordered Cannot Be Recouped by Withholding Rent

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  • 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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