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Lease Accounting Project Update Image

Lease Accounting Project Update

Bill Bosco

The high volume of comment letters (781) and numerous outreach meetings had common criticisms, causing the FASB/IASB Boards to re-deliberate issues in the Leases Project Exposure Draft.

Features

Aggressive Copyright Positions by Lady Gaga, Burning Man Festival Image

Aggressive Copyright Positions by Lady Gaga, Burning Man Festival

Robert W. Clarida & Robert J. Bernstein

What's at issue is control, obviously, and the great lengths to which some will go to maintain it, even as they benefit from the wide-open, free-flowing viral information torrent of the Internet.

Features

Social Media and Negotiating Celebrity Endorser Morals Clauses Image

Social Media and Negotiating Celebrity Endorser Morals Clauses

Doug Wood

One thing to do when hiring a celebrity endorser is to be certain the contract includes a "morals clause" that permits termination of a contract if the endorser decides to use Twitter, Facebook, LinkedIn, YouTube, etc., to tweet, post or upload offensive comments and materials. Know, however, that celebrity agents are very careful not to let contracts be terminated for bad behavior.

Features

Attorneys in the Cloud May Get ABA Wake-Up Call With Proposed Rules Image

Attorneys in the Cloud May Get ABA Wake-Up Call With Proposed Rules

Marie P. Grady

For lawyers struggling to cut costs and boost efficiency, Internet-based data storage and client service has been a popular alternative. But those who have their heads in the clouds when it comes to client confidentiality concerns may get a wake-up call by the American Bar Association.

Features

Taxing Online Sales Image

Taxing Online Sales

Marcelo Halpern, Amanda Weare, & Lauren Matecki

Illinois Governor Patrick Quinn signed the "Main Street Fairness Act" into law, making Illinois one of a growing number of states seeking to collect sales tax revenues from a retail market traditionally beyond their reach ' the world of online commerce ' by focusing on the role of local online marketing affiliates.

Features

e-Commerce, Total Spending, Rise Again Image

e-Commerce, Total Spending, Rise Again

Michael Lear-Olimpi

Economic data often seems like the weather ' fickle and hard to predict, or rely on. But raw revenue data doesn't lie, and according to U.S. Census Bureau, overall preliminary estimated retail spending and e-commerce sales in the first quarter of this year reached record high.

Features

Federal, State Regulators Offer Updates Image

Federal, State Regulators Offer Updates

Kevin Adler

Representatives from the Federal Trade Commission, the Maryland Attorney General's Office, and the California Department of Corporations updated franchise attorneys about the latest developments in franchise regulation at the International Franchise Association's 44th Annual Legal Symposium.

Features

Franchise Leaders Reflect on Period of Rapid Change Image

Franchise Leaders Reflect on Period of Rapid Change

Kevin Adler

Disruptive technologies, new expectations from franchisees, tight profit margins, and limited access to capital for growth are among the issues challenging franchisors these days. Franchise attorneys must position themselves to help franchisors overcome those issues, or they will be marginalized as business leaders move forward, observed panelists at the International Franchise Association's 44th Annual Legal Symposium, held in May in Washington, DC.

Features

Tax Issues in Employment Mediations Image

Tax Issues in Employment Mediations

Robert W. Wood & Joel M. Grossman

There is surely nothing wrong with preparing a term sheet instead of a formal agreement at the end of mediation. However, it can be a huge mistake to ignore tax issues.

Features

Attorney-Client Privilege and Cross-Border Investigations Image

Attorney-Client Privilege and Cross-Border Investigations

Philip M. Berkowitz

How do U.S. courts resolve the conflicts between U.S. discovery and overseas laws, and in particular the application of the privilege?

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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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