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India: The International Hotspot -- Franchising Goes East Image

India: The International Hotspot -- Franchising Goes East

Graeme Payne & Lisa Sen

Despite the positive economic conditions and the demand for international brands, the Indian legal framework still raises some barriers to international business. The Indian government has the delicate task of balancing what is perceived to be in the interest of local businesses and those of foreign investors.

Features

Supreme Court's LaRue Decision Interprets ERISA's Remedies to Fit a 401(k) World Image

Supreme Court's LaRue Decision Interprets ERISA's Remedies to Fit a 401(k) World

Stuart Sirkin & Christa Haas Bierma

In <i>LaRue v. Dewolff, Boberg &amp; Associates, Inc.,</i> the U.S. Supreme Court has officially recognized that the times have changed for retirement plans.

Features

New UCC Legislation: The Creation of a Substantial Debtor Name Due Diligence Burden Image

New UCC Legislation: The Creation of a Substantial Debtor Name Due Diligence Burden

Paul Hodnefield

Two states recently enacted non-uniform amendments to UCC Article 9 that should be of urgent concern to the equipment leasing and finance industry.

Features

Market-Based MAC and Termination Fee Clauses on the Rise, But Subject to Pitfalls Image

Market-Based MAC and Termination Fee Clauses on the Rise, But Subject to Pitfalls

G. Thomas Stromberg & Justin Rawlins

Two types of contract clauses are commonly cited when a buyer or financing source desires not to make good on its commitment. These clauses are material adverse change clauses and termination fee clauses. Several recent cases show that good draftsmanship and a clear understanding of their intended effect are essential in heading off disputes when implementing these provisions.

Features

<b>Decision of Note:</b> 'Video' License Encompassed Mobile Delivery Image

<b>Decision of Note:</b> 'Video' License Encompassed Mobile Delivery

ALM Staff & Law Journal Newsletters

The Appellate Court of Illinois decided that a license to use the trademark 'March Madness' 'to advertise, promote, and sell publications, videos, and media broadcasts' included the right to deliver on-demand video content to mobile wireless devices.

Features

e-Commerce Meets American Idol Image

e-Commerce Meets American Idol

Stanley P. Jaskiewicz

With review sites, blogs and commentary appearing everywhere online ' and who knows if anyone other than these sites' creators read them ' let's examine the legal implications of online commentary, everything from writing a review of a book you love on Amazon.com, to registering a domain name and creating a Web site.

Features

Take Caution Before Transferring Portions of a Project (Especially to Affiliates) Image

Take Caution Before Transferring Portions of a Project (Especially to Affiliates)

Xavier L. Gutierrez

Because the challenges facing a developer multiply when it no longer owns an entire project, careful planning and documentation are required in advance of any transfer. While this article addresses issues that arise when different portions of a project are owned by different parties (transfers in general), the main focus is on the issues that arise when different portions of the project are owned by affiliated parties (transfers to affiliates), primarily because those issues are easy to overlook.

Features

The Marital Residence Image

The Marital Residence

Mark I. Plaine

In matrimonial litigation the marital residence often constitutes the parties' most valuable asset. Equitable distribution of this asset can involve issues that may or may not have been anticipated at the outset of the litigation. Within the process of accomplishing an equitable division of the home are considerations of separate property credits, capital gains taxes, expenses relating to the residence and timing of valuation of the home. In this month's issue, we discuss separate property credits.

Features

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters

The latest happenings for your review.

Features

Med Mal News Image

Med Mal News

ALM Staff & Law Journal Newsletters

Recent items of interest.

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MOST POPULAR STORIES

  • 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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