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Features

Changes Recommended to Australian Franchising Legislation Image

Changes Recommended to Australian Franchising Legislation

Stephen Giles

The change of federal government in Australia on Sept. 7, 2013 has created some uncertainty in relation to the changes to the Franchising Code of Conduct that were expected to result from a recent comprehensive review of the Code.

Features

The 'Friendly Fraud' Chargeback Image

The 'Friendly Fraud' Chargeback

Monica Eaton-Cardone

The abuse of the chargeback option has resulted in a "friendly fraud" epidemic harming not only merchants, but the very consumers the programs were designed to help.

Columns & Departments

Court Watch Image

Court Watch

Darryl A. Hart

Covenants Against Competition Find Disfavor In Recent Cases

Features

<i>Inter Partes</i> Reviews Image

<i>Inter Partes</i> Reviews

Steve Hemminger & Chris Kelly

In September of last year, the America Invents Act introduced a number of powerful tools for challenging the validity of an issued patent at the USPTO ' Inter Partes Review (IPR), Covered Business Method Review (CBMR), and Post-Grant Review (PGR). By a large margin, however, the most popular of these procedures has been the IPR.

Features

Salespeople at Law Firms? Image

Salespeople at Law Firms?

Silvia L. Coulter

Research over the past four years is showing a slow-moving upward trend of law firms hiring professional salespeople. This trend spans all sizes of firms, from small to global. The backgrounds of these professionals varies; primarily, they come to firms from a solid background of success in the sales world, many having worked against assigned quotas and on partial commission.

Features

Read the Fine Print Image

Read the Fine Print

Kevin Adler

The difficulties of securing important company and customer data are not new to franchised businesses, but the scale of the problem continues to increase. A new white paper by insurance consultants Peter R. Taffae and M. Damien Magnuson indicate another threat: inadequate insurance coverage when security breaches occur.

Features

Moderate Industry Growth Expected Through Year's End Image

Moderate Industry Growth Expected Through Year's End

ALM Staff & Law Journal Newsletters

In its Q4 update to the 2013 Equipment Leasing &amp; Finance U.S. Economic Outlook, the Equipment Leasing &amp; Finance Foundation expects investment in equipment and software to grow 3.3% in 2013. The report, which is focused on the $725 billion equipment leasing and finance industry, forecasts equipment investment and capital spending in the United States and evaluates the effects of various related and external factors in play currently and into the foreseeable future.

Features

Brican Equipment Lease Litigation Image

Brican Equipment Lease Litigation

Patrick M. Northen

A federal district court's recent summary judgment decision in <I>In re: Brican America, LLC Equipment Lease Litigation</I> appears to be a mixed bag for vendor finance companies.

Features

Why Most Private Aircraft Operators Violate the FAA's Operating Rules Image

Why Most Private Aircraft Operators Violate the FAA's Operating Rules

David G. Mayer & David T. Norton

A high percentage of business aircraft operators do not comply with key provisions of Parts 91, 119 and 135 of the Federal Aviation Regulations (FARs), conducting their flight operations by and through illegal "flight department companies" ...

Features

<b><i>Online Extra</b></i> Social Media Privacy Laws and the Financial Industry Image

<b><i>Online Extra</b></i> Social Media Privacy Laws and the Financial Industry

Lily M. Strumwasser

Many employers use publicly available Facebook pages, Twitter feeds, and other social media outlets as screening tools for job applicants. And they may also use them as a way to monitor employees. After all, a picture is worth a thousand words. A handful of employers, however, have pushed their due diligence even further than standard Internet searches.

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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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