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Law Firms and the Rise of Hospitality
January 01, 2022
The law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.
Enforcement of Obligations Imposed In SEQRA Findings Statements
January 01, 2022
When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?
Challenges In Being a Pro Sports General Counsel
January 01, 2022
Being a general counsel for a professional sports team is a coveted gig, but it's also a job with unique challenges, potential ethical minefields and scandals lurking around the front office, field, stadium and elsewhere.
Real Property Law
January 01, 2022
Encroachment By Party Wall Will Not Support a Notice of Pendency Questions of Fact Remain In Party Wall Dispute Easement Was Only for Access Seller's Failure to Provide Estoppel Certificates Excuses Purchaser from Performing Equitable Title Claim Upheld
Bringing 5-Star Hospitality to Law Firms
January 01, 2022
The law firm office cannot remain unchanged, therefore, as if frozen in time set to some date prior to the onset of pandemic, when all the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.
With 'Great Resignation', Corporations Need to Prepare for the Great Investigation
January 01, 2022
Major crisis events, such as political uprisings or financial downturns, are typically followed by an increase in fraud in the business sector and heightened risk to corporate IP and other sensitive information. Anecdotally, this seems to be proving out again in the recent and ongoing fallout from the pandemic. Even before this Great Resignation movement, corporations across the globe were reporting increases in suspicious activity, data leakage, IP theft and other data risks stemming from departing employees and remote workers.
Cybersecurity and Corporate Privacy Enforcement Is Focus of Feds
January 01, 2022
It started as a hushed rumor in the beltway, then became a known fact by those going to join the administration. And now we all know: The Biden administration has brought with it a renewed focus on data privacy and cybersecurity.
'Never Trust, Always Verify': Zero Trust Security
January 01, 2022
Recognizing the ever-increasing cyber threats to businesses, government entities, and individuals, the White House announced that Federal Civilian Executive Branch agencies must migrate toward Zero Trust Cybersecurity Architecture by September 2024. Under Zero Trust, trust is the ultimate vulnerability of any system and, therefore, trust has to be eliminated from a business' cybersecurity approach.
Enforcement of Obligations Imposed In SEQRA Findings Statements
January 01, 2022
When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?
Using Section 365(n) to Minimize Loss of Use of IP In Licensor Bankruptcy
January 01, 2022
This article provides an overview of Section 365 of the Bankruptcy Code, a key provision within the Code that allows a debtor to assume, assume and assign, or reject certain executory contracts and unexpired leases.

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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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