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From Test Tube to Testate Image

From Test Tube to Testate

Ellen Schiffer Berkowitz

As the definition of family becomes increasingly complex, so does the definition of children and further descendants. Who is (and who is not) deemed to be a legal child of a marriage has implications throughout family law. How the law treats adopted children, those born out of wedlock, those born as a result of egg and sperm donation, those born via surrogates and even children conceived after the death of a parent affects support obligations,'

Features

Eminent Domain Law Image

Eminent Domain Law

ALM Staff & Law Journal Newsletters

A recent important case.

Features

Cooperatives & Condominiums Image

Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

In-depth analysis of recent rulings.

Features

Index Image

Index

ALM Staff & Law Journal Newsletters

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

Features

The Employment Discrimination Class Action Is Alive and Well Image

The Employment Discrimination Class Action Is Alive and Well

Mark N. Reinharz & Jennifer Papas

Just when some thought it might be safe to presume that class action discrimination lawsuits under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act were on the wane, several recent decisions involving the huge retailer, Wal-Mart, Inc., should give many employers pause for thought.

Features

Fear and Loathing in Preservation Image

Fear and Loathing in Preservation

Stacy Jackson & Jennifer Scrafford

Most in-house counsel know the types of inquiries that should trigger evidence preservation or collection protocols. Once there is reason to believe there will be litigation or investigation, the duty to preserve kicks in immediately. But what's next?

Features

How to Manage Your Litigation Costs Image

How to Manage Your Litigation Costs

Stewart M. Weltman

This is the first in a series of articles discussing how in-house counsel can better manage litigation matters.

Features

Danger Zone: Tightening Export Controls Image

Danger Zone: Tightening Export Controls

Jeffrey T. Green, Robert Torresen, & A'ssatou Diop

Export controls are a morass of overlapping jurisdictions dotted with strict liability and criminal landmines. Worse, criminal and civil penalties have been severely ratcheted up recently, and more appear on the horizon.

Features

The 'Unindicted Co-Conspirator' Image

The 'Unindicted Co-Conspirator'

Stanley A. Twardy, Jr. & Doreen Klein

The criminal justice process can be arcane, but one term is recognizable to the public. An indictment is a formal accusation by a grand jury that an indicted individual has committed a crime. While damning, the indicted defendant nonetheless has the constitutional right to say to the government, 'Prove it,' and, if the government fails, to be cleared of all criminal wrongdoing. Unlike the defendant who has a right to defend himself, the unindicted co-conspirator is not on trial but confined to a limbo in which vindication is never possible.

Features

Rediscovering Chapter 9 Image

Rediscovering Chapter 9

Erica M. Ryland & Mark G. Douglas

Even though Chapter 9 of the Bankruptcy Code has been in effect for over 30 years, fewer than 100 cases have been filed during that time. Municipal bankruptcy cases ' or, more accurately, proceedings involving the adjustment of a municipality's debts ' are a rarity, compared with reorganization cases under Chapter 11.

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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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