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What Corporate Counsel Need to Know About Managing Deposition Costs Image

What Corporate Counsel Need to Know About Managing Deposition Costs

Stewart Weltman

This article provides some guidance to in-house counsel as to how to better manage your outside counsel in limiting this deposition costs. This boils down to deciding who should or should not be deposed.

Features

Equitable Subordination Attacks on Secured Lenders Image

Equitable Subordination Attacks on Secured Lenders

Alan M. Christenfeld & Barbara Goodstein

This article discuss two recent cases involving equitable subordination in bankruptcy that should inform the conduct of lenders when dealing with financially deteriorating borrowers, especially in such matters as credit facility amendments, forbearance agreements and providing additional financing.

Features

Leasing Wind Power Facilities: A New Reality Image

Leasing Wind Power Facilities: A New Reality

David G. Mayer & Joel Bannister

Leasing has appeared on the national stage as a potentially viable, though complex, type of financing for wind energy facilities, with its successful use in two large utility scale projects and one community wind project.

Features

Court Watch Image

Court Watch

Cynthia M. Klaus & Meredith A. Bauer

Highlights of the latest franchising cases from around the country.

Features

The ABA Consumer Protection Conference Image

The ABA Consumer Protection Conference

David W. Koch

On Feb. 3 the American Bar Association held its Consumer Protection Law Conference, sponsored by the Section of Antitrust Law. Why should franchise systems' ears prick up? For starters, savvy franchisors should understand the larger consumer protection context in which their principal federal regulator operates — especially when most of the top decision-makers show up.

Features

Hotel Franchises Face Rising Bed Bugs Claims Image

Hotel Franchises Face Rising Bed Bugs Claims

Kevin Adler

For lodging industry franchises, bed bugs are a business challenge and a potential source of litigation.

A ROLL OF NICKLES AND A PHONE BOOTH Image

A ROLL OF NICKLES AND A PHONE BOOTH

Bruce W. Marcus

From major corporations, and both small and large public relations firms, comes a stream of so-called releases and other material that's so inept, and so primitive, that you must ultimately realize that those who do it right must have a vast array of skills, talents and imaginative energy. It must be difficult, because how could it be simple when so many people do it wrong? And of course, the client pays the high price of doing it wrong.

Features

Ponzi Schemes, Settlement Agreements and the Mutual Mistake Image

Ponzi Schemes, Settlement Agreements and the Mutual Mistake

Janice G. Inman

During the current economic downturn, many people have unfortunately discovered that they have been the victims of sharp dealers and their Ponzi schemes. That means that some divorced couples and their attorneys now have one more thing to worry about.

Features

Advocacy in ADR Image

Advocacy in ADR

Joseph F. Ricchiuti

The author continues this month with his discussion of tips for attorneys presenting medical malpractice cases in alternative dispute forums.

Features

Update: Courts Still Split on HIPAA and Ex Parte Physician Interviews Image

Update: Courts Still Split on HIPAA and Ex Parte Physician Interviews

James R. Moncus III

Early last year, the author discussed in this publication three decisions from lower courts that had the potential to greatly impact and shape the emerging landscape of the HIPAA <i>ex parte</i> interview debate. The discussion continues herein.

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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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