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.
Where Will the Needle Land?
August 01, 2020
COVID-19 Contact Tracing v. Protecting Personal Privacy
As states roll back stay-at-home orders, contact tracing has quickly emerged as an essential tool to manage the spread of the coronavirus and allow the country to return to work safely. But innovative contact tracing methods raise a host of privacy concerns, forcing a reckoning with how we balance privacy and public health.
Real Property Law
August 01, 2020
Alleged Title Defect Did Not Excuse Failure to Close
Statute of Limitations Bars Foreclosure Claim
Statute of Limitations Did Not Extinguish Mortgage
Weighing the Benefits: How Much Weight Will Your Survey Have in Court?
August 01, 2020
As consumer surveys become increasingly common forms of evidence in matters involving copyright, patent or trademark infringement, so too do Daubert challenges that attempt to disqualify that evidence. However, getting admitted into court is no guarantee of success — you are not over the entire Daubert hurdle just yet. The next step is ensuring that your survey is convincing the fact finders that your survey's results are dependable and useful.
Bit Parts
August 01, 2020
DGA's "Qualification List" Isn't a "Labor Organization" Under Georgia Law
Unlicensed Use of Van Halen Photo in Conjunction With Museum Exhibit Ruled Fair Use