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When There Is No License, Is There a Marriage?
December 31, 2015
Consider this situation: In the midst of a matrimonial proceeding, an undisclosed fact comes to light ' the client was previously religiously married and obtained a religious divorce, but never obtained a marriage license or civil divorce. What now?
Problems with the New Test for Joint-Employer Status
December 31, 2015
This past summer, the NLRB reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.
Wyndham Settles FTC Data Breach Suit
December 31, 2015
Being a test case can make you a hero, your name immortalized in case cites as you bask in amici gratitude.
Drug & Device News
December 31, 2015
News about a new emergency opioid overdose-counteracting medication.
Cooperatives & Condominiums
December 31, 2015
A look at a case in which a unit owner's claim was dismissed for failure to show damages.
Litigating Effectively in a Contentious Environment
December 31, 2015
Frivolous lawsuits. Sneaky discovery decisions. Unreasonable motion practice. "Rambo" litigators. If you are a defense attorney, you likely encounter one or more of these abusive litigation tactics on a monthly ' if not a weekly ' basis. How can they be addressed?
Navigating Litigation Conflicts in Troubled Corporations
December 31, 2015
When a corporation finds itself in troubled financial waters, litigation by shareholders and creditors often follows. Increasingly, such litigation takes the form of a class action suit commenced against the company, followed closely by a derivative action against the directors and officers. This may lead to significant ethics challenges for the attorneys involved.
Bit Parts
December 31, 2015
Fair Use of Abbott and Costello "Who's on First?" Comedy Routine<br>Voice Sample in Beyonc' Hit Didn't Violate Plaintiff's Right of Publicity
SEC Sets Limits on Crowdfunding
December 31, 2015
On Oct. 30, 2015, the SEC issued new regulations to complete its work for implementing the sections of the JOBS Act that, for the first time, permit use of the Internet to raise equity financing. These latest regulations are scheduled to go into effect on May 16, 2016.
Does Liability Insurance Cover Fantasy Sports Disputes?
December 31, 2015
It used to be that fantasy sports had to be a season-long commitment. But some people (either on their own or at the urging of their significant others) did not want to take on that type of time commitment or incur the cost of competing in a full-season league. Enter daily fantasy sports (DFS), which has given sports fans a more efficient outlet to achieve the fantasy adrenaline rush .

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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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