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'Masri' and Open-Market Manipulation Schemes

Monday, May 12, 2008

By Michael A. Asaro

Michael A. Asaro, a partner at Akin Gump Strauss Hauer & Feld, reviews a recent Southern District decision that grappled with the important and, in the Second Circuit, unsettled issue of whether a series of otherwise legitimate "open market" stock transactions can be transformed into an illegal market manipulation scheme based solely on the trader's state of mind when the trades were executed.

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Domain Names as Collateral for Loans

Friday, May 9, 2008

By Christopher G. Dorman

Christopher G. Dorman, a partner with Phillips Lytle, writes that the methods of accessing domain names as collateral support for debt are likely to develop rapidly in the coming years as creditors' and debtors' appreciation of the value of domain names evolves along with the law's understanding of this creature.

New Respect for Hague Evidence Convention in Discovery

Thursday, May 8, 2008

By Daniel Schimmel and Emmanuel Rosenfeld

Daniel Schimmel, a partner at Kelley Drye & Warren, and Emmanuel Rosenfeld, a partner at Veil Jourde in Paris, analyze a recent case where a U.S. lawyer sought information in Paris for the purposes of prosecuting a case in federal court in Los Angeles. He did not follow the procedures of the Hague Evidence Convention and was criminally convicted and sentenced to a fine of 10,000 euros by a French court.

Foreclosing on a Mezzanine Loan Under UCC Article 9

Wednesday, May 7, 2008

By Peter E. Fisch and Steven Simkin

Peter E. Fisch and Steven Simkin, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that as structured real estate finance has matured over the past several years, the requirements of the rating agencies (principally motivated by bankruptcy concerns) and the realities of the secondary market have greatly increased the use of mezzanine loans, which have largely replaced second mortgages in real estate finance.

Witnesses and Access to Their Own Grand Jury Testimony

Tuesday, May 6, 2008

By Richard M. Strassberg

Richard M. Strassberg, a partner at Goodwin Procter, writes that secrecy has long been a hallmark of the grand jury process, designed in part to protect the integrity of the grand jury and to encourage the full cooperation of witnesses required to appear and give testimony before the grand jury. But that tradition of secrecy has often been extended by courts even to prohibit a witness from having access to his or her own testimony before the grand jury.

Post-'eBay' Injunctions: The Scoreboard and the Trend

Monday, May 5, 2008

By Christopher Hughes and Avshalom Yotam

Christopher Hughes, a partner at Cadwalader, Wickersham & Taft, and Avshalom Yotam, an associate at the firm, write that in May 2006 the U.S. Supreme Court effected a significant shift in the remedies for patent infringement. Coming shortly after the denouement of the NTP/RIM episode and the anxiety of a possible BlackBerry shutdown, the eBay decision rolled back what had been called the "automatic" permanent injunction rule in favor of an explicit traditional equity analysis.