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Features

Amend Your Arbitration Clause to Comply with New Rules Image

Amend Your Arbitration Clause to Comply with New Rules

Craig R. Tractenberg

Franchising companies often select arbitration to resolve issues with their franchisees and critical vendors. An arbitral forum allows the parties to discuss and resolve marketing initiatives outside of the prying eyes of the media and competitors. Although some companies welcome the limitations on appeals of arbitration awards as an advantage in reaching finality of business disputes, others find it a reason to avoid arbitration, because the costs of a bad outcome can be high.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Hulk Hogan Denied Temporary Injunction Against Publication of Sex Tape<br>Publisher's Copyright Registration Permits Songwriter's Estate to Pursue Infringement Claim<br>'Vampyres' Book Didn't Defame Plaintiff with Same Name as Fictional Character

Columns & Departments

IP News Image

IP News

Jeffrey S. Ginsberg & Wyatt Delfino

Federal Circuit Takes Hard Look at a More Permissive Standard for Fee-shifting <br>Federal Circuit Confirms that Prosecution History Estoppel Applies to Design Patents<br>FDCA Does Not Preempt State Unfair Competition Claims

Features

National Origin Discrimination Image

National Origin Discrimination

Paul Kehoe

Amidst a workforce characterized by rapidly changing demographics, employers and employees are faced with many challenges, including providing a workplace free from harassment and discrimination.

Features

Data Analytics Image

Data Analytics

Christopher Petrini-Poli & Scott Springer

Data analytics, the same data mining and interpretive analysis used for decades in other professions, is bringing change to the core business side of the legal profession ' and in the process, revealing great potential for increased efficiency, cost-savings and new ways of managing risk.

Features

BRIC by BRIC Image

BRIC by BRIC

Jeremy Zucker

When the United States passed the Foreign Corrupt Practices Act (FCPA) in 1977, it made a long-term investment, arguably at the cost of near-term competitiveness, in the ability of the U.S. economy to raise corporate and ethical best practices globally. With a number of reforms now underway in Brazil, Russia, India and China (the high-growth, high-risk BRIC countries), it appears the investment is paying dividends.

Features

The Patient Protection and Affordable Care Act and its Effect on Franchising Image

The Patient Protection and Affordable Care Act and its Effect on Franchising

David Oppenheim & Danielle White

As the ACA continues to be implemented, franchisors and franchisees must be vigilant in understanding whether they are subject to the ACA's mandates, penalties and tax credits. The franchising industry must be sufficiently informed and prepared to manage the uncertainty surrounding both compliance requirements and costs.

Features

$1,000 Per Hour Isn't Rare Anymore Image

$1,000 Per Hour Isn't Rare Anymore

Karen Sloan

As recently as five years ago, law partners charging $1,000 an hour were outliers. Today, four-figure hourly rates for in-demand partners at the most prestigious firms don't raise eyebrows ' and a few top earners are closing in on $2,000 an hour.

Features

<i>Online Extra</i>11th Circuit Ruling over Composer's Rights to 'Spank' Sets Precedent on Copyright Infringement Image

<i>Online Extra</i>11th Circuit Ruling over Composer's Rights to 'Spank' Sets Precedent on Copyright Infringement

Alyson M. Palmer

Litigation over a 1970s disco song has set new copyright precedent at the Atlanta-based federal appeals court.

Features

A More Secure Investment? Image

A More Secure Investment?

Thomas B. Howard & Michael Geltner

Clearly, the attractiveness of each investment type will vary with conditions. So, which is the better investment for the long-term investor?

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MOST POPULAR STORIES

  • 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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