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Client Maximization: Doing Well by Doing the Right Things
March 01, 2020
Making the most of your firm's client base need not be a costly undertaking. There are several steps a firm of any size can undertake to improve client experiences, while also ultimately increasing the firm's chances of thriving.
Protecting Innovation in the Cyber World from Patent Trolls
March 01, 2020
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.
Bankruptcy Court Preliminary Injunction Held Not Appealable
March 01, 2020
A bankruptcy court's preliminary injunction was "not a final and immediately appealable order," held the U.S. District Court for the District of Delaware in In re Alcor Energy, LLC.
Discharge of Student Loan Debt OK'd Under Brunner Standard
March 01, 2020
In January, a Southern District of New York U.S. Bankruptcy Chief Judge entered a decision granting summary judgment to a pro se debtor, finding that he debtor had satisfied the "undue hardship" standard set forth in Section 523(a)(8) of the Bankruptcy Code, and ordering the discharge of the student loan debt of more than $220,000.
Attorney Proffers: Practical Considerations and Some Law Too
March 01, 2020
Handled with care, an attorney proffer can provide a critical opportunity to gauge a prosecutor's reaction while limiting the risk of compromising the client's potential defense at trial.
Swedish Music Industry Views: Part Two
March 01, 2020
Among other things, the article discusses the Swedish music industry perspective on the European Union's Copyright Directive, the growth of multi-country music licensing hubs and the impact of Brexit.
Neighbor Standing to Challenge SEQRA Determinations
March 01, 2020
When does an immediately adjacent neighbor have standing to challenge a SEQRA determination?
In the Know: Top 5 Legal Technology Trends for the 2020s
March 01, 2020
Technology allows attorneys to keep informed so they can help their clients understand the potential impact on their company.
Landlord & Tenant Law
March 01, 2020
Lifetime Leasehold Interest Does Not Exempt Apartment from Rent Stabilization Exculpatory Clause Bars Tenant's Claim for Lost Profits Resulting from Landlord's Negligence Landlord's Reliance on Representations of Prior Owners Does Not Preclude Finding That Overcharge Was Willful, Resulting In Treble Damages Tenant's Failure to Pay Rent and Other Charges Forfeits Tenant's Right to Renew Questions of Fact Remain About Tenants Liability for Holdover Charges Tenant's Proposed Withdrawal of Application for Loft Board Coverage Void As Against Public Policy
Competitive Intelligence: Helping Your Client Know Their Client
March 01, 2020
We hear more and more that exceptional client service and in-depth knowledge of the clients' business and industry are the differentiators in keeping current clients and winning new ones. Value far outweighs cost when it comes to long-term client relationships, bet-the-company work and ongoing client success.

MOST POPULAR STORIES

  • 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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