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Columns & Departments

In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

Distressed Bank Restructurings Image

Distressed Bank Restructurings

Louis T. DeLucia

The FDIC's list of nearly 700 "problem" banks reveals that the problem of inadequate bank capitalization and the need for restructuring remains strong.

Features

Lessors Beware Image

Lessors Beware

Barry A. Graynor

How can an equipment lessor protect itself against having its equipment "sold out from under it" by a lessee? A discussion of <I>Textainer Equipment Management Limited v. The United States</I> and its implications..

Features

Transformative Use Musings Image

Transformative Use Musings

Stan Soocher

The California Supreme Court has accepted "transformative use" as a First Amendment defense to a right-of-publicity claim for more than a decade. The issue recently came up before the U.S. Court of Appeals for the Ninth Circuit, in the class action suit by former college athletes who claim Electronic Arts (EA) violated their rights of publicity with the NCAA Football video game.

Features

High Stakes for Television Networks in Failure To Unseat Dish Customers Recording Device Image

High Stakes for Television Networks in Failure To Unseat Dish Customers Recording Device

Robert J. Bernstein & Robert W. Clarida

The "Hopper," the recording and commercial-skipping technology developed by Dish Network, first survived a preliminary injunction motion brought by Fox Broadcasting Co. in 2012, then prevailed on appeal this summer in a decision by the U.S. Court of Appeals for the Ninth Circuit.

Features

Your Business: Someone Online Hates You Image

Your Business: Someone Online Hates You

Josh King

As word of mouth moves online, lawyers occupy the same place today that hotels were in a decade ago: just starting to face the prospect of widespread use of online user reviews, and concerned that such reviews will crater their businesses. The following 10 tips will put these concerns into context and explore which methods of responding to negative feedback are effective and ethical and which ones aren't.

Features

The Different Types of Arbitration Awards Image

The Different Types of Arbitration Awards

Charles F. Forer

This is the third in an ongoing series of articles that will provide franchise attorneys with practical advice about arbitration.

Columns & Departments

Court Watch Image

Court Watch

Cynthia M. Klaus & Susan E. Tegt

Hotel Franchisor to Face Trial on Vicarious Liability Claims <br>Federal Court Rejects Franchisee's Unclean Hands Defense<br>Court Dismisses Licensee's Fraud in the Inducement Claim under Parol Evidence Rule

Features

Franchise Industry Sees Victory in Debit Card Fee Lawsuit Image

Franchise Industry Sees Victory in Debit Card Fee Lawsuit

Zoe Tillman & Kevin Adler

U.S. District Court Judge Richard Leon struck down Federal Reserve regulations on debit-card transaction fees on July 31, a victory for retailers that process high numbers of low-ticket transactions. Leon found that the Fed adopted rules that "inappropriately" inflated fees by billions of dollars.

Columns & Departments

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

Franchise Relationship Law Tabled in CA Assembly <br>New Franchise-Relationship Bill Proposed in PA

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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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