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Third Circuit Revives Challenge to Firm's Debt Collection Practices Image

Third Circuit Revives Challenge to Firm's Debt Collection Practices

Saranac Hale Spencer

A lawsuit over a law firm's foreclosure practices on behalf of Bank of America has been revived by the Third Circuit. But while the appeals court revived the plaintiff's federal claims, it upheld the dismissal of the state law claims after it predicted how the Pennsylvania Supreme Court would rule on the issue.

Features

<i>B&B</i> Offers Rest And Repose Image

<i>B&B</i> Offers Rest And Repose

Jonathan Moskin

The U.S. Supreme Court, in <i>B&amp;B Hardware, Inc. v. Hargis Industries</i>, concluded that a TTAB finding of likelihood of confusion can have preclusive effect in a later infringement litigation.

Features

Battling Grey Goods? Advantages of ITC Now Writ in Black and White Image

Battling Grey Goods? Advantages of ITC Now Writ in Black and White

Lyle Vander Schaaf

Customers in the United States often pay more for valued branded goods than buyers of the same goods in less well-developed economies. Higher prices here in the U.S. in turn support profits and shareholder value for manufacturers of branded goods, and strengthen domestic industry.Yet this pricing disparity for the same products in different markets creates an incentive for the so-called grey market.

Features

Securing a Document Review Center: A Practical Guide Image

Securing a Document Review Center: A Practical Guide

Michel Sahyoun

Much ink has been spilled in recent years about information security, hacker exploits and hardware and software products used to thwart hackers. Not a single day goes by without news pertaining to the discovery of vulnerabilities in the software we use and cherish, and to hacker exploits affecting the companies we use in our daily lives.

Features

Is It Time to Rebuild the U.S. Franchise Regulatory System? Image

Is It Time to Rebuild the U.S. Franchise Regulatory System?

Rupert Barkoff

If you took a snapshot of all the laws and regulations governing franchising in the United States in 1979, and then took another snapshot of all the laws and regulations governing franchising today, you would find them very similar. While the rest of the world, including franchising, has been dynamic and constantly changing, franchise regulation has been, essentially, static.

Features

Municipal Leasing: Favorite Son or Leasing's 'Red-Headed Stepchild'? Image

Municipal Leasing: Favorite Son or Leasing's 'Red-Headed Stepchild'?

Barry Marks & William L. Phillips III

This article addresses a few of the primary challenges for traditional leasing companies entering the municipal leasing market.

Features

Survey: Strong Rentals and Equipment Acquisitions Image

Survey: Strong Rentals and Equipment Acquisitions

ALM Staff & Law Journal Newsletters

According to Wells Fargo Equipment Finance's 2015 Construction Industry Forecast, contractors and equipment distributors remain optimistic regarding the prospects of local, nonresidential construction activity this year and respondents expect a strong rental market and increasing equipment acquisitions.

Features

Legal Issues in Fantasy Sports Image

Legal Issues in Fantasy Sports

David O. Klein & Neil E. Asnen

Fantasy sports once represented a seasonal hobby among friends and coworkers. However, it has now undeniably blossomed into a force in both the American culture and, more important, the U.S. economy. The explosion of fantasy sports can be directly traced to the favored status bestowed upon fantasy sports contests by federal anti-gaming laws ' specifically the Unlawful Internet Gambling Enforcement Act (UIEGA).

Features

<b><i>Product Review:</b></i>Time Tracker by eBillity Image

<b><i>Product Review:</b></i>Time Tracker by eBillity

Josh F. Young

Time tracking and billing, an unpleasant and time-consuming distraction at the best of times, became far more painful than it needed to be.

Features

Cybercrime Image

Cybercrime

Scott N. Godes

Just when you thought that it could not get worse for companies in the context of cybersecurity and privacy issues ' it does. Below, we review the sobering news about cyberattacks and provide some tips when considering insurance for cyber risk.

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  • 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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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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