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Second Circuit Narrows Reach of Wire Fraud and Insider Trading Prohibitions

February 01, 2023

The Second Circuit's long-anticipated decision in United States v. Blaszczak limits the government's ability to bring fraud or insider trading prosecutions where the information used to achieve an advantage is regulatory information held by the government. It also brings the Second Circuit in greater alignment with the Supreme Court's wire fraud jurisprudence.

Online Extra: Live Nation Taps Prominent Antitrust Attorney Ahead of Congressional Showdown

February 01, 2023

Girding itself for scrutiny by Congress and regulators over anti-competitive concerns, Live Nation Entertainment has retained prominent antitrust attorney-turned-lobbyist Seth Bloom.

New Bankruptcy Code May Provide Way Out of Commercial Leases

February 01, 2023

In major metropolitan areas, commercial office vacancies have skyrocketed and rents have plummeted. Tenants, required to examine their space needs post-pandemic, are eager to take advantage of the lower rents. A recent addition to the Bankruptcy Code provides these lessees with an opportunity to walk away from above-market leases.

What Successful Hybrid Firms Are Doing

February 01, 2023

We are seeing is a variety of successful measures that are designed to help attorneys get what they want: a best-of-both worlds scenario where they keep some work-from-home and fold-in an opportunity to intentionally connect and collaborate with colleagues in the office.

Improving Firm Profitability Through Contracts

February 01, 2023

The best and most effective way to drive firm profitability is through influencing partner behavior. The best way to incent the partners is by linking their compensation clearly and directly to the achievement of the firm's business strategy.

Regulators Reaching Deep In Their Toolbox to Prosecute Users of Encrypted Messages

February 01, 2023

If you use Whatsapp or similar platforms for work-related communications, then you've probably heard that regulators are putting an end to that practice. Ephemeral and encrypted messaging, they have noted, evades monitoring and prevents retention. A seldom used doctrine allows prosecutors to charge executives with misdemeanor offenses just for being in the position of power when others commit the misconduct. Rather than take a wait-and-see approach, companies and their leaders would do well to prepare for prosecutors to reach deep into their toolbox.

Eleventh Circuit Stops Plan Confirmation Stampede

February 01, 2023

In a recent ruling, the Eleventh Circuit upended a hastily confirmed reorganization plan. Its holding should stop the stampede known as the "confirmation express."

Treating Student Loan Debt Relief By Standardizing 'Undue Hardship' In Bankruptcy Code

February 01, 2023

On Aug. 24, 2022, President Joe Biden announced the plan to forgive up to $10,000 in federal student debt for qualifying borrowers. This relief, however, was challenged in the courts and is now pending before the U.S. Supreme Court.

Fresh Filings

February 01, 2023

Notable court filings in entertainment law.

Commercial Real Estate's New Darling: Retail

February 01, 2023

Retail appears to be replacing multifamily when it comes to commercial real estate darlings. Shopping center vacancy in Q4 2022 reached its lowest level dating back to 2007 — and asking rents for shopping centers rose broadly.

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