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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.
COVID-19 and Working Remotely: Embracing the Changes and the Challenges in a Pandemic
August 01, 2020
Experts share their experience and insight around workplace trends and the value of technology tools to drive productivity and engagement in a roundtable discussion.
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
Legal Tech: The Intersection of E-Discovery and Cybersecurity: You've Come a Long Way, Baby
August 01, 2020
Data is an asset and a liability. It fits into both accounting columns and will not fail to be used against a corporate entity if not secured properly. Databases contain trade secrets, personally identifiable information, HIPAA-protected health care information, proprietary information and classified data. As the size of databases grew and the importance of data became more evident, one thing became apparent: the information stored in those repositories had to be kept secure.
Accounting for the Coronavirus
August 01, 2020
This article examines challenges facing accountants due to economic and financial stress increasing at the same time that oversight may be relaxing, provides insight into the question of whether we should expect a rise in accounting manipulations, and concludes with comments on mitigating hindsight bias.
Will Pandemic Lead to More SARE Filings?
August 01, 2020
Single-asset real estate bankruptcies (SAREs) are streamlined reorganizations for debt taken out by borrowers on just one property, giving them a three-month window to propose a restructuring plan.
Co-ops and Condominiums
August 01, 2020
Shareholder Did Not Breach Proprietary Lease
The Bankruptcy Code's Anti-Discrimination Section and COVID-19
August 01, 2020
The pandemic has spurred analysis of legal issues as businesses grapple with their respective relationships with both private and public entities. In this article, the authors examine Section 525 of the Bankruptcy Code — the anti-discrimination section, and its implications during COVID-19.

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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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