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Construction Contracts and Project Management Image

Construction Contracts and Project Management

Daniel Goodwin, Roger Fitzgibbon

Whether designing and constructing a new retail center, a tenant finish-out or a renovation project, retail real estate developers, property managers and tenants interact with construction contracts, contractors, architects and other construction industry professionals on a regular basis. Those interactions may include lengthy, sophisticated contracts, very basic contracts or no written contract at all. This article addresses some of these common issues from the perspective of protecting the owner of the project.

Features

In-House Survey Suggests Best Practices for Vendors Image

In-House Survey Suggests Best Practices for Vendors

Ari Kaplan

In November 2013, I surveyed 26 predominantly administrative professionals throughout Fortune/Global 500 law departments. In addition to questions related to pricing predictions for hosting, review, processing, the future of predictive coding, the trend towards growing in-house teams and the expansion of managed services, I asked for their impressions of certain leading vendors in the market.

Features

Protect Your Brands on Social Media Image

Protect Your Brands on Social Media

Camille M. Miller & Elizabeth Lai Featherman

Online counterfeit sellers are increasingly more sophisticated and are engaging in social media counterfeiting to exploit social media tools to bolster their sales of counterfeit products online.

Features

Intercreditor Agreements Image

Intercreditor Agreements

Sean Gillen

This is the fourth article in a series covering various aspects of intercreditor agreements.

Features

Analysis of Sup. Ct. <i>Raging Bull</i> Ruling Image

Analysis of Sup. Ct. <i>Raging Bull</i> Ruling

Marcia Coyle

Authors and other creators of copyrighted works scored a major victory in May when the U.S. Supreme Court eliminated a significant barrier to recovering damages for copyright infringement.

Features

Court Orders Identity of 'Company Doe' Revealed Image

Court Orders Identity of 'Company Doe' Revealed

Mike Scarcella

The sealing of the identity of a company that fought to block public access to a consumer safety report was improper, the Fourth Circuit Court of Appeals has held, ordering the disclosure of its name and publication of case documents.

Features

Reclassification of Obesity and Changes to The Manual of Mental Disorders Image

Reclassification of Obesity and Changes to The Manual of Mental Disorders

Frank Cragle & Jaime Wisegarver

The Patient Protection and Affordable Care Act (ACA) is not the only health care challenge facing employers. Recent medical disease reclassifications are affecting a large portion of America's workforce, and the long-term impact is proving difficult to predict. These changes may result in an increased number of workers' compensation and ADA discrimination claims, but hopefully, they will also result in a greater emphasis placed upon prevention and treatment.

Features

Important Issues and Recent Developments in Wage and Hour Law Image

Important Issues and Recent Developments in Wage and Hour Law

Amy K. Jordan

This article examines important legal and political developments affecting the FLSA and how they develop into the most commonly litigated employment claims in American federal courts.

Features

Maximizing Value Image

Maximizing Value

Michael H. Torkin

Directors of a leveraged company should begin to consider the implications of not being able to access traditional debt markets on appropriate terms. This article highlights the initial steps, questions and concerns typically facing a director in this new environment.

Features

M&A Shareholder Litigation Image

M&A Shareholder Litigation

Veronica Rend?n & James Thomas

One practical aspect of disclosure-only settlements that has received little attention is the practice of providing lengthy individual mailed notice of the disclosure-only settlement to class members, which results in additional (and largely unnecessary) costs that, depending on the number of beneficial owners requiring notice, can exceed tens of thousands of dollars.

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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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