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Knockoffs: Are They Always Infringing?
November 01, 2024
When something is referred to as a "knockoff" it typically implies that the knockoff product is similar in appearance to an earlier product and is unlawful. But that is not always the case. Indeed, there can be infringing knockoffs and noninfringing knockoffs. It depends on the facts and circumstances. To appreciate the difference, a look into the general rules and some specific cases is needed.
SEC Enforcements Highlight Risk of Noncompliance
November 01, 2024
he vast amount of cross-border investment in the U.S. securities market and the SEC's ever-evolving reporting structure compels foreign investor compliance teams and U.S. securities counsel to stay informed of potential reporting responsibilities and keep abreast of developments in the law.
Subchapter V Filings Plummet After Senate Fails to Keep Higher Limit Intact
November 01, 2024
Subchapter V Filings for a recently crafted bankruptcy option meant to help small businesses overcome financial distress have plummeted after the U.S. Senate failed to pass a law that would keep its restrictions in place.
Fresh Filings
November 01, 2024
Notable recent court filings in entertainment law.
Leveraging Qualified Opportunity Funds to Minimize Tax Liability
November 01, 2024
As the year winds down, savvy real estate investors are searching for ways to minimize their tax liability. One powerful strategy to consider is the qualified opportunity fund (QOF), offering significant tax advantages while promoting long-term growth.
Commercial Property Insurance: How Much Coverage Do You Really Have?
November 01, 2024
While in many cases involving a substantial property loss the applicable insurance policy limit is clear, in some cases it is not, and the amount to which the policyholder is entitled is governed by a confluence of policy provisions informed by applicable state law.
Three Ways to Reduce Your External Legal Spend
November 01, 2024
At best, it is difficult to budget for external legal fees. Needs are uncertain at the beginning of the year, and there is constant pressure to hire the best firm possible. Here are three suggestions to help you reduce your external legal spend.
J&J's Bankruptcy Vote Has Some Claimants' Lawyers Calling for a Recount
November 01, 2024
The presidential vote is just a few days away, but the ballots in Johnson & Johnson's talc bankruptcy have lawyers already asking for a recount. At an Oct. 21 hearing, lawyers for thousands of talcum powder claimants clamored to crack open the confidential vote tabulation behind J&J's $9 billion prepackaged bankruptcy plan.
Eminent Domain Law
November 01, 2024
Public Purpose Challenge to Condemnation Rejected
Fifth Circuit Remands Recording Labels' Copyright Suit Against ISP
November 01, 2024
A federal appeals court departed from five sister circuits determining damages in a copyright infringement case, taking a position the Copyright Alliance called "a cruel joke."

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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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