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Features

International Restrictions on Releasing Personal Information Image

International Restrictions on Releasing Personal Information

M. James Daley & Laura Clark Fey

The dilemma confronted by corporate counsel involved in foreign litigation is whether to disclose personal information located in foreign countries with laws that severely restrict the processing and transfer of personal data and risk being punished there with civil and/or criminal penalties; or to filter out the personal data and risk being sanctioned in the U.S. for incomplete responses to e-discovery requests.

Features

Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect from Aug. 1 through Oct. 1, including amendments to Delaware's corporation and LLC laws. It also looks at two recent decisions of interest from the Delaware Chancery Court.

Features

Expungement of Criminal Records in Federal Courts Image

Expungement of Criminal Records in Federal Courts

Steven F. Reich

This article examines the little-known and infrequently granted remedy of expungement in federal courts.

Features

Are You Thinking About China? Image

Are You Thinking About China?

ALM Staff & Law Journal Newsletters

If you have been thinking about entering the China market to diversify your revenue stream, here are some legal issues to consider.

Features

New 'Dualing' Amendments to Dealer-Protection Laws Pass Legislatures Image

New 'Dualing' Amendments to Dealer-Protection Laws Pass Legislatures

Rick J. Gibson, Jeffrey J. Jones, J. Todd Kennard & Douglas M. Mansfield

Many auto dealer contracts prohibit "dualing," that is, operating competing linemakes out of the same facility. Under new legislation passed in some states, automobile manufacturers could be forced to allow dualing, notwithstanding any terms to the contrary in written agreements and trademark laws.

Features

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Features

The Peer Review Pilot Program at the USPTO Image

The Peer Review Pilot Program at the USPTO

ALM Staff & Law Journal Newsletters

The USPTO established the Peer Review Pilot Program (the "Pilot") to test whether "the organized collection and submission of documents together with comments by the public will produce better examination results by presenting prior art known by the public to the Examiner early in the prosecution." The USPTO is expected to publish a comprehensive report outlining the results and next steps.

Features

IP Litigation: What Is It Good For? Image

IP Litigation: What Is It Good For?

Stanley P. Jaskiewicz

As obvious as this distaste for lawsuits may be to anyone who has ever been deposed, it nonetheless is often critical for businesses, and particularly technology firms, not only to be prepared to go (metaphorically) to war in the battlefield of the courtroom, but to actually take that step.

Features

Performing a Litigation Audit on Your Lease Agreements Image

Performing a Litigation Audit on Your Lease Agreements

Michael Eidel

This article discusses the applicable general principles and drafting considerations for some of the most frequently litigated boilerplate provisions: choice-of-law, forum selection, venue, jury trial waiver and attorney's fees.

Features

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Index

ALM Staff & Law Journal Newsletters

Everything contained in this issue, in an easy-to-use format.

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MOST POPULAR STORIES

  • 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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