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'Yellowstone' Injunctions: Navigating the Wild West of Commercial Lease Disputes
March 01, 2024
The Yellowstone injunction is implicated in nearly every lease for commercial real property in the state of New York, yet most landlords and tenants do not know what it is or how it affects them. Below is a succinct overview of its implications so that commercial landlords and tenants can better navigate lease disputes.
Need to Do More with Less? Focus on CRM Success
March 01, 2024
In this era of more with less, marketers desperately need tools to fill in the gaps between more and less. One potential tool should be the firm's customer relationship management software.
Leading Legal Department Trends for 2024
March 01, 2024
Recent research based on interviews with chief legal officers around the globe found that the increased scope and scale of risk now facing corporations is driving change in how legal teams set their strategies, leverage technology and manage operations.
The Role of the SEC In Cryptocurrency Regulation and Enforcement
March 01, 2024
The SEC's cryptocurrency-related actions reached a new high in 2023, jumping more than 50% when compared to 2022. We expect the SEC's enforcement efforts in this area to continue at a high pace in 2024, even though whether or not cryptocurrency should be classified as a security or something else remains uncertain.
Landlord & Tenant Law
March 01, 2024
Illegality Defense Raises Questions of Fact Good Guy Guaranty Not Released Exchange of Texts Does Not Constitute Settlement Agreement Landlord's Fraudulent Conveyance Claim Against Parking Lot Chain Avoids Dismissal
New Jersey Passes Privacy Law
March 01, 2024
The New Jersey law follows states, such as California, Texas, and Connecticut, who have enacted privacy laws, including broad laws addressing consumer data privacy, children's privacy laws, consumer health data privacy laws, and data broker laws.
Fresh Filings
March 01, 2024
Notable recent court filings in entertainment law.
Content-Licensing Payment Dispute Turns On Existence of Fiduciary Relationship
March 01, 2024
A recent New York federal court decision in a dispute between a broker that sublicenses program content and a broadcaster that sublicensed content from the broker considered the interaction of contract language and extra-contractual elements of the parties' relationship to determine whether a fiduciary relationship existed.
Are Recent Regulations Dooming Franchising?
March 01, 2024
In 2024, franchising may need to overcome and work around the recent government regulation that goes to the very heart of the franchising relationship and the way franchise businesses operate,
Third Circuit: Bankruptcy Code Mandates Appointment of Examiner In Chapter 11 Cases
March 01, 2024
The Third Circuit recently held in 'In re FTX Trading' that the plain text of Section 1104(c)(2) mandates the appointment of an examiner under the specified conditions set forth. As a result, the FTX decision will carry significant implications for large and medium-sized bankruptcy cases.

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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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