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Transitional Housing Arrangements Are Not Illusory Tenancies
September 01, 2022
The Appellate Division Second Department recently issued a landmark ruling in Sapp et al v. Clark Wilson et al concerning two hot button issues; namely illusory subtenancies and status of transitional occupants.
Managing Well-Being In the Legal Industry
September 01, 2022
A recent LMA Well-Being Wednesday program provided a range of big ideas and small tips for legal marketers and law firms on implementing a well-being program.
Legal Sales Strategies
September 01, 2022
The "best choice" provider pitch may not be the optimal sales strategy. It's better to adjust to where the prospect is in their buying decision process — whether that means they are looking for providers, they are studying the situation, they already have counsel, or they have decided not to address the issue.
Update on Changes In New York's Ticket Sales Law
September 01, 2022
NY's update to its regulatory scheme for event ticketing principally affects the rules governing disclosure requirements for primary ticket sale prices and restricts the means of secondary ticket resale, including by expanding penalties for the use of scalper software "bots" and unauthorized ticket purchasing software.
Esports Industry Labor, Employment Law Concerns
September 01, 2022
One of the issues facing the esports industry is the classification of professional players as employees versus independent contractors. This issue is of particular concern for companies operating competitive esports teams and/or using the services of content creators.
Development
September 01, 2022
Local Law Prohibiting Drive-Through Windows Requires Full Environmental Assessment Form Area Variance Denial Upheld Redevelopment Project Did Not Transfer Inalienable Parkland Town Board Took Requisite Hard Look At Environmental Impact of Mixed-Use Development Court Rejects Claim of Conspiracy to Violate Vested Rights
The Regulators Are at the Gates: Significant New AML Legislation Nears Passage
September 01, 2022
Over the past few years, Congress and law enforcement have notably increased their scrutiny of companies' anti-money laundering compliance, and it appears that Congress is not yet finished with its drive for additional legislation and regulation.
Jurisdictional License Requirements and Disparate Laws Are Hindering Law Firms' Fight Against Cybercrime
September 01, 2022
Some cybersecurity experts think the structure of law in the U.S. itself means that truly fighting against growing threat actors is a losing game. Take, for example, the fact that attorneys are largely limited by jurisdictional licensure requirements. While on the other hand, bad actors are often organized, unsaddled by jurisdictional challenges, and able to function as a large decentralized group.
The Four Legal Sales Strategies
September 01, 2022
The 'best choice' provider pitch may not be the optimal sales strategy. It's better to adjust to where the prospect is in their buying decision process — whether that means they are looking for providers, they are studying the situation, they already have counsel, or they have decided not to address the issue.
Protecting a Trademark Licensor's Rights In Its Licensee's Bankruptcy Case
September 01, 2022
A recent bankruptcy case from the District of Delaware underscores the need for a trademark licensor to be alert to filings made in its licensee's bankruptcy case that may require prompt action by the licensor to protect its valuable rights under a license agreement.

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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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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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