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President Obama and Sustainability Image

President Obama and Sustainability

Michael W. McNatt

The election of Barack Obama as president of the United States has many historic overtones. However, with an economic recession that is just as historic, a real estate industry in near freefall and a country questioning its energy sources and uses, how will Obama's policies impact commercial construction projects over the next several years?

Features

In the Spotlight: Bankruptcy Strategies for Commercial Landlords, Tenants, Lenders, and Real Estate Investors Image

In the Spotlight: Bankruptcy Strategies for Commercial Landlords, Tenants, Lenders, and Real Estate Investors

Jeffrey Rich

This is the second in a series dealing with the subject of bankruptcy strategies and considerations for commercial landlords, tenants, lenders and real estate investors. These alerts are intended to highlight for our readers some of the key issues they should consider in connection with the subjects discussed.

Features

Real Estate Downturn Causes Lawyers to Adapt Image

Real Estate Downturn Causes Lawyers to Adapt

David P. Barker

Now faced with such a dramatic and sudden change, real estate attorneys are left wondering what to do. The transactional practice that was so good to so many for so long is no longer there. A look at how these attorneys can redirect the focus of their practices to adapt to the changing times.

Features

Counseling Franchises During the Recession Image

Counseling Franchises During the Recession

Erik Wulff

These are extremely trying times for all businesses, including franchisors, seeking to survive through this recession. It is imperative that franchisors demonstrate leadership in preserving their franchise systems, but fault lines undoubtedly will emerge. In this environment, much pressure will fall on the shoulders of franchisor's counsel to guide clients to achieve their goals.

Spinning Out of Control<i>When Bad Things Happen to Good Marketers</i> Image

Spinning Out of Control<i>When Bad Things Happen to Good Marketers</i>

Bruce W. Marcus

Every election campaign produces, among other things, media myths and bad language. During the elections of the last decade, the language was infected by a new myth called spin control. The phrase, which broke a speed record in becoming a clich' after the 1988 election, implies that a good media relations practitioner can control the nature and texture of a story in the press ' can put the right spin on it to get the journalist to tell it the spinner's way.

Spinning Out of Control<i>When Bad Things Happen to Good Marketers</i> Image

Spinning Out of Control<i>When Bad Things Happen to Good Marketers</i>

Bruce W. Marcus

Every election campaign produces, among other things, media myths and bad language. During the elections of the last decade, the language was infected by a new myth called spin control. The phrase, which broke a speed record in becoming a clich' after the 1988 election, implies that a good media relations practitioner can control the nature and texture of a story in the press ' can put the right spin on it to get the journalist to tell it the spinner's way.

<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense Image

<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense

Tony Mauro

The Supreme Court's decisive ruling on March 4 against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.

Features

<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense Image

<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense

Tony Mauro

The Supreme Court's decisive ruling on March 4 against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.

Features

The Follow-the-Fortunes Doctrine Image

The Follow-the-Fortunes Doctrine

John M. Nonna & Victoria L. Melcher

This article explores the boundaries of the follow-the-fortunes doctrine. Does it have any limits? Does a cedent have carte blanche to impose its claims decisions and allocations of claims settlements upon a reinsurer without question? Do the answers to the questions depend upon whether the dispute is before a court or an arbitration panel?

Features

The Insurer's Duty and the Four Corners Rule Image

The Insurer's Duty and the Four Corners Rule

Lewis E. Hassett & Jason T. Cummings

An insurer has a duty to defend a claim that is arguably within the policy's coverage. While some courts look solely to the complaint to determine the existence of a duty to defend, other courts consider extrinsic facts. This article discusses the parameters of the duty to defend, and identifies the evidence to be considered in analyzing that duty.

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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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