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Bit Parts Image

Bit Parts

Stan Soocher

California Federal Judge Refuses, Among Other Things, to Drop Fiduciary Breach Claim Against AMC Networks over Fear the Walking Dead TV Series<br>New York Appellate Division Decides UMG Recordings Isn't Alter Ego of Cash Money Records<br>

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Mystery Subpoena Case at High Court Could Expand U.S. Authority Image

Mystery Subpoena Case at High Court Could Expand U.S. Authority

Peter B. “Bo” Rutledge & Amanda W. Newton

Rare Supreme Court holiday activity and ongoing news coverage about special counsel Robert Mueller's investigation has drawn much attention to the enigmatic case of <i>In Re Grand Jury Subpoena</i>. The matter is unremarkable, presenting familiar issues of international litigation. Upon further examination, however, the case may have the potential to expand the authority of United States courts over foreign states and their agencies or instrumentalities.

Features

The DTSA's Jurisdictional Nexus, Three Years In Image

The DTSA's Jurisdictional Nexus, Three Years In

Conor Tucker

The Defend Trade Secrets Act (DTSA) requires pleading a connection between a trade secret, a product or service, and interstate commerce. But failure to prove such a connection divests the district court of subject matter jurisdiction. This article summarizes the first three years of cases discussing the jurisdictional element and explores implications.

Features

Management Fees: Make Sure Your Lease Is Clear Image

Management Fees: Make Sure Your Lease Is Clear

Missy McCoy

There is no uniform approach relating to management fee provisions in leases, and courts will recognize inequities in the charging and payment of management fees when lease terms are ambiguous or a landlord or tenant fails to comply with the terms of its lease.

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A Guide to Becoming an Opportunity Zone Sponsor Image

A Guide to Becoming an Opportunity Zone Sponsor

Kelsi Maree Borland

There is a frenzy of excitement about the prospect of opportunity zone investments, but a number of investors are also considering becoming sponsors of the new fund model. While organizing a fund may seem simple, especially for experienced real estate sponsors, the opportunity zone model is actually complex.

Features

Caveat Intercreditor: Bankruptcy May Be Coming Image

Caveat Intercreditor: Bankruptcy May Be Coming

Joel H. Levitin, Richard A. Stieglitz Jr. & Stephen J. Gordon

<b><i>Bankruptcy Provisions in First Lien/Second Lien Intercreditor Agreements</b></i><p>While intercreditor agreements (ICAs) are not necessarily the most attention-grabbing of the various loan documents common to large financing transactions, they are nevertheless important, and lack of attention to detail with respect to their provisions could lead to unintended results in any future bankruptcy case.

Features

When Alice Leaves Software in Wonderland: Review the Terms of Use Image

When Alice Leaves Software in Wonderland: Review the Terms of Use

Veronica Mullally Munoz 

That least-read contract — the Terms of Use — can be an effective (albeit the last) weapon in the arsenal of a company trying to protect unpatented software technology while providing on-line services.

Columns & Departments

In the Courts Image

In the Courts

Colleen Snow

New Charges in Insurance Corporation of Barbados Limited Bribery Case

Columns & Departments

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Upcoming Event

ssalkin

SXSW Conference 2019 CLE Program, March 14-16

Features

Case Study: Delaware Bankruptcy Court Denies Trustee's Breach of Fiduciary Duty Suit Image

Case Study: Delaware Bankruptcy Court Denies Trustee's Breach of Fiduciary Duty Suit

Earl M. Forte

In January, a bench trial occurred in <i>In re Covenant Partners, L.P.</i>, in which the Trustee of Debtor, Covenant Partners, L.P., sued for breach of fiduciary duty.

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