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Copyright Law in the Age of Twitter
May 01, 2018
<b><i>A Recent Decision by the U.S. District Court for the Southern District of New York Involving Twitter May Have Significant Implications for Online Publications</b></i><p>The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes.
Playing Both Sides: Facing the Harsh Truth of Law Firm Service Duality
May 01, 2018
Whereas in the past clients took the lead from law firms in defining high-end practices worthy of premium rates, today's clients have the tools and information to make smarter, wiser purchase decisions.
'Marketing Tech:' Harnessing the Hot Trend In Voice Search to Generate New Business
May 01, 2018
Voice search is the hot new trend in technology and CMOs can harness it to generate more calls online and leads from their websites.
Leased Property in Bankruptcy: Residential vs. Non-Residential
May 01, 2018
Bankruptcy is a fact of life in the United States. When it happens, the treatment of a lease as either residential or non-residential may be crucial to all parties -- landlords, tenants, subtenants and their counselors.
How the New UST Fee Schedule Is a Ticking Tax-Bomb for Middle Market Debtors
May 01, 2018
As of Jan. 1, 2018, each jointly administered debtor with quarterly disbursements of at least $1,000,000 must pay a fee of 1% of all disbursements, up to $250,000 per quarter. Although this change in the law was only intended to address shortfalls in UST funding, it has taken a little-noticed component of bankruptcy and magnified it into a ticking tax-bomb for unsuspecting debtors and their lenders.
The Power of Certifications In the Legal Industry
May 01, 2018
<b><i>Part One of a Two-Part Article</b></i><p>The key paths and the corresponding certifications available for lawyers — and nonlawyers — to pursue to help successfully administer a career in the legal industry in the coming decade.
Key Tech Terms to Know: Archives, Backups, Disaster Recovery and “as-a-Service”
May 01, 2018
A few essential definitions, intended to provide clarity and guidance to firms that are exploring how to improve their data compliance, protection and recovery posture.
Anti-Forfeiture Statute Saves a Debtor's Exercise of Option to Renew Lease
May 01, 2018
In a recent decision, Bankruptcy Judge Christopher S. Sontchi addressed the question of whether a Chapter 11 debtor, the tenant under a commercial lease, could exercise an option to renew the lease during the bankruptcy proceedings, even though the debtor was in default under the lease and the lease specified that it could not be renewed if defaults existed at the time the option was exercised.
Ninth Circuit Ruling Eases Plan Acceptance Requirement in Multi-Debtor Plans of Reorganization
May 01, 2018
In a case of first impression at the circuit level, the United States Court of Appeals for the Ninth Circuit held that section 1129(a)(10) of the Bankruptcy Code — which requires a favorable vote of at least one impaired class of creditors in order to confirm a Chapter 11 plan — applies on a “per-plan” basis, rather than a “per-debtor” basis.
<i>Commentary:</i> America's Modern 'Throwaway': 401(K) Retirement Savings
May 01, 2018
While 401(k) cashout leakage may not stink in our streets, its economic effects are deplorable. Each year, this slow-motion train wreck robs millions of Americans of their retirement security and converts their retirement savings into wasted consumption and avoidable tax penalties.

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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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