Features
Star Athlete's Trainer Loses Commission Bid
A lawsuit alleging a former trainer was entitled to a portion of tennis star Naomi Osaka's lifetime earnings is out of play, after a Broward County, FL, Circuit Court judge dismissed the case.
Columns & Departments
Bit Parts
Texas Court of Appeals Won't Let Former Lawyer for Matthew Knowles Use State's Anti-SLAPP Statute to Dismiss Knowles' Cross-Claims in Legal Fees Dispute
Features
Immigration Form I-9: A Form That Can Have Severe Consequences
This article addresses the history of Form I-9 and current initiatives underway by DHS.
Features
Crowdfunding, Reg D and Reg A
The New Routes for Access to Capital and the Potential Legal and Regulatory Risks Although the business community lauded the arrival of new crowdfunding laws, the enforcement community has had a different take on them. As stated in 2017 by then Deputy Attorney General Rod Rosenstein: "The potential downside of crowdfunding is that it occurs outside the watchful eye of a regulated banking and financial industry. Unregulated websites therefore provide a platform for criminals to defraud potential investors."
Features
Fifth Circuit Subordinates Claim for Deemed Dividends
"… [P]ayments owed to a shareholder by a bankrupt debtor, which are not quite dividends but which certainly look a lot like dividends, should be treated like the equity interests of a shareholder and subordinated to claims by creditors of the debtor," held the U.S. Court of Appeals for the Fifth Circuit.
Features
"Mismarking": Developments in Valuation Fraud
As the DOJ expands its mismarking inquiries beyond stocks and bonds and into areas like private equity, recent cases illuminate the increasing need for robust internal controls designed to eliminate the incentives for an employee or manager to overvalue assets.
Features
A Tenant's Perspective on SNDAs: Non-Disturbance Is Not Enough
Part Two of a Two-Part Article Part One of this article outlined the basic elements of a subordination, non-disturbance and attornment agreement (SNDA), which regulates two competing interests in the same property — tenant's right to possess its premises pursuant to its lease and mortgage lender's security interest in that same premises. Part Two explains the differences between the concepts of "non-disturbance" and "recognition," while contending that lease recognition is more important to the tenant than not having its possession disturbed.
Features
8th Circuit Affirms Dismissal of Lawsuit Attacking Approved Bankruptcy Sale
Sales of substantially all of a debtor's assets are commonplace in corporate Chapter 11 bankruptcies. The sale is supervised and approved by the Bankruptcy Court. Purchasers desire to know that if the sale is consummated, they will be protected from subsequent attacks on the sale and the sale process and presumably more bidders will participate, resulting in greater returns for the estates and creditors. Issues surrounding the finality of a bankruptcy sale were recently reviewed by the U.S. Court of Appeals for the Eighth Circuit.
Features
Something to Remember: The Flexibility of Chapter 11 in Retail Situations
In the face of increasing pressure from online retailers, and declining foot-traffic in malls and other brick-and-mortar locations, distressed retailers like Things Remembered need to act expeditiously to execute going-concern transactions if they are going to survive the market disruption.
Columns & Departments
In the Courts
New Developments In Och-Ziff FCPA Settlement As Brooklyn Judge Grants Victim Status to Former Investors In Restitution Claim over Lost African Mining Venture
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