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Protecting Against Unique Claims Regarding Medical Device Sales Reps Image

Protecting Against Unique Claims Regarding Medical Device Sales Reps

Lori Cohen & Christiana C. Jacxsens

In recent years, pharmaceutical and medical device manufacturers have faced an increased number of creative product liability claims arising from alleged actions of their sales representatives. Medical device manufacturers may face a challenge in preventing these claims because of the unique role of these representatives.

Features

Court-Approved Marital Property Transfers and Bankruptcy Image

Court-Approved Marital Property Transfers and Bankruptcy

Janice G. Inman

In these hard economic times, the prospect of bankruptcy looms large for many people, including those who are divorcing. In fact, as anyone in family law practice knows, divorce itself can bring on a financial crisis even when marital assets are evenly split.

Features

Med Mal News Image

Med Mal News

ALM Staff & Law Journal Newsletters

Recent events you need to know.

Features

Spoliation in a Medical Malpractice Case Image

Spoliation in a Medical Malpractice Case

Kim M. Ruder

Spoliation in the context of a medical malpractice case can raise many issues for lawyers representing doctors and hospitals. These issues can often be overlooked until it is too late to repair the damage done.

Features

Court Rules in Suit over Stones Blackberry License Image

Court Rules in Suit over Stones Blackberry License

Stan Soocher

The U.S. District Court for the Southern District of New York decided that The Rolling Stones' tour management company didn't breach the exclusivity terms of an agreement for use of Stones intellectual properties in conjunction with the planned development of a limited-edition Blackberry smartphone

Features

The ADA Amendments Act Image

The ADA Amendments Act

Theresa G. Van Vuren, David L. Weinstein & Sherrie Travis

Congress recently enacted the ADA Amendments Act of 2008 to clarify its intent as to who is protected by the Americans with Disabilities Act of 1990. Here's how to comply.

Features

Non-compete Agreements Image

Non-compete Agreements

Russell Beck

Whether enforcing or defending against non-compete agreements, in-house counsel must understand the fundamentals. The eleven that follow are the most critical.

Features

Ponzi Schemes Revisited Image

Ponzi Schemes Revisited

Lee M. Cortes, Jr.

The unraveling of a $50-billion dollar Ponzi scheme allegedly perpetrated by Bernard L. Madoff has brought a new magnitude to an old but hardy scam. Here's a look at how Ponzi schemes work.

Features

Bankruptcy and Fraud: The Ties That Bind? Image

Bankruptcy and Fraud: The Ties That Bind?

Toby J.F. Bishop & Sheila Smith

In the current environment, factors such as a shortfall in assets, lack of debtor-in-possession financing and absence of potential buyers may make liquidation the only recourse in bankruptcy. With fewer dollars to satisfy claims, creditors may resort to litigation, alleging fraud as a means for obtaining recoveries. This could lead to additional exposures for directors and officers at companies facing bankruptcy.

Features

The Most Crucial Commercial Lease Cases Image

The Most Crucial Commercial Lease Cases

ALM Staff & Law Journal Newsletters

The first part of this article, which appeared in the December 2008 Issue, discussed cases that address the preference for stability over sense, mitigation and interpretation of leases. The cases in Part Two herein address enforcement and violations.

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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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