Survey Says: Tips On Getting Over the Daubert Hurdle
August 01, 2020
This article draws on a review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, and provides suggestions for getting survey evidence admitted for consideration in court. Our recommendations fall under two broad categories: relevance and reliability.
Cash Flows for Commercial Leases During COVID-19
August 01, 2020
To say the least, for those companies that filed for bankruptcy on the eve of the COVID-19 shutdowns, the strategies — and available cash flows to pay landlords — did not go as planned.
Bankruptcy Sales: Finding a Diamond In the Rough
August 01, 2020
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.
Copyright Considerations In Artificial Intelligence
August 01, 2020
In the process of creating new content, AI, which has moved into the entertainment industry, may create copies of copyrighted works in memory storage as a byproduct of its overall output sequence. This article explores authorship and ownership of such AI-generated content, and to what extent, if any, can copyrights be infringed upon when AI reproduces copyrighted works for machine learning.
Landlord & Tenant Law
August 01, 2020
Statute of Frauds Bars Lease Claim
Buildings Constitute Horizontal Multiple Dwelling
No Agreement to Renew
No Wrongful Eviction When Subtenant Remains On Premises
Delaware Court Dismisses Fox Stockholder's Suit Over Disney Deal
August 01, 2020
In a decision that narrowed what actions can be brought by Delaware companies' stockholders in the context of a merger, the Delaware Court of Chancery dismissed claims brought against former 21st Century Fox executives, including three members of the Murdoch family.
Mezzanine Lenders and Foreclosure Sales During COVID-19
August 01, 2020
This article reviews a recent case, D2 Mark LLC v. OREI VI Investments LLC, to understand how the court's decision may provide mezzanine lenders with guidance in structuring a UCC foreclosure sale auction in the COVID-19 landscape so as to strengthen their position against any claims by the mezzanine borrower that the sale is not commercially reasonable.
J.Crew Allowed to Shutter Under Terms of Mall Lease
August 01, 2020
Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures that will inevitably result from current factors. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating through the enforcement of the "continuous operations provision" found in mall leases.
Legal Tech: Six Years of Tracking E-Discovery Trends and Providers
August 01, 2020
For the past six years, the E-Discovery Unfiltered report to identify pricing patterns and preferences in electronic discovery, highlight projected investments in the sector, gauge the impact of the cloud, track shifting preferences in outsourcing and remote review, understand vendor selection criteria, and focus on the need for international ediscovery, among other trends.
