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Features

Behind MGM Suits Against Concert Shooting Victims Image

Behind MGM Suits Against Concert Shooting Victims

Amanda Bronstad

MGM Resorts International's filing of lawsuits against 2,500 victims of the Oct. 1, 2017, mass shooting at the country music concert in Las Vegas was an unprecedented move that has plaintiffs' lawyers accusing the entertainment conglomerate of forum shopping and defense lawyers scratching their heads.

Features

Affirmation of the Alien Venue Rule Image

Affirmation of the Alien Venue Rule

Brian Kramer & Kevin T. Kwon

<b><i>In re: HTC Corporation</b></i><p>The Federal Circuit recently addressed motions to transfer and drew a distinction between motions based upon the convenience of parties and witnesses and those for improper venue. It also clarified that the Supreme Court's recent decision in <i>TC Heartland</i> did not supplant the long-standing rule that venue laws do not protect foreign defendants.

Features

SCOTUS Recap: What Lies Ahead for the Lower Courts' Tests for “Non-Statutory Insiders” Image

SCOTUS Recap: What Lies Ahead for the Lower Courts' Tests for “Non-Statutory Insiders”

Daniel A. Lowenthal & J. Taylor Kirklin

Ultimately, <i>Village at Lakeridge</i> is noteworthy for what the Supreme Court did not decide. In granting <i>certiorari</i>, the Supreme Court declined to address whether the lower courts' various “non-statutory insider” tests should be refined. As concurrences from Justices Sotomayor and Kennedy emphasized, though, that issue is ripe for increased scrutiny.

Features

<i>Decision of Note:</i> Live Nation Can't Force Arbitration over Online Ticketing Site Image

<i>Decision of Note:</i> Live Nation Can't Force Arbitration over Online Ticketing Site

Max Mitchell

Agreeing to arbitration was supposed to be as easy as clicking a button, but Live Nation was unable to show that a man seeking to sue the company actually clicked any of the buttons indicating his consent to arbitrate.

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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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