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Features

Finding Balance in Franchise Agreements Image

Finding Balance in Franchise Agreements

Kevin Adler

Panelists discussed everything from roadblocks for successful operators to sell their franchises, to proper use of advertising funds, to whether franchise executives should appear on the TV show "<i>Undercover Boss</i>" during the opening panel discussion at the IFA's 46th Annual Legal Symposium in Washington, DC, in May.

Features

Secured Lender's Loss of Possessory Lien Affirmed Image

Secured Lender's Loss of Possessory Lien Affirmed

Lawrence S. Goldberg, David M. Hillman & Michael L. Cook

The U.S. Bankruptcy Appellate Panel for the Eighth Circuit held on March 25, 2013, that a lender "lost its possessory lien when it turned the Debtor's account funds over to the Trustee without first seeking adequate protection.

Features

Financing the Cloud Image

Financing the Cloud

Ron Arrington

One subject not getting near enough attention is the role IT financing will play as companies migrate to the cloud in a bid to save costs and bring added flexibility to their business models.

Features

Online Retailers Lose Challenge to New York's Internet Tax Image

Online Retailers Lose Challenge to New York's Internet Tax

Shari Claire Lewis

In a case that has far-reaching ramifications because of the exponential expansion of cyberspace in general, and because of the growth of e-commerce in particular, the New York Court of Appeals has rejected challenges by two major online retailers to New York's 'Internet tax,' which requires collection of a sales tax on online purchases made by New York residents.

Features

<i><b>Online Extra</i></b>Court Torpedoes Viacom's Lawsuit Against YouTube Image

<i><b>Online Extra</i></b>Court Torpedoes Viacom's Lawsuit Against YouTube

Brian Zabcik

Viacom failed again to persuade a U.S. district judge to let it proceed with its massive copyright infringement suit against YouTube and parent company Google.

Columns & Departments

Upcoming Events Image

Upcoming Events

ALM Staff & Law Journal Newsletters

Cutting-Edge Case Developments in Film &amp; TV Law<br>Current Issues in Music and Entertainment Law

Columns & Departments

Obituary Image

Obituary

ALM Staff & Law Journal Newsletters

Obituary for Ira Marcus.

Columns & Departments

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Features

Supreme Court's <i>Kirtsaeng</i> Decision Fuels 'First Sale' Debate Image

Supreme Court's <i>Kirtsaeng</i> Decision Fuels 'First Sale' Debate

Andrew Pequignot

Publishers frequently charge different prices in foreign markets, and they have argued that allowing unrestricted importation threatens that practice. In March, the Supreme Court squarely addressed this issue for the first time in <i>John Wiley &amp; Sons Inc. v. Kirtsaeng</i> and held that the first-sale doctrine does in fact apply to copies made overseas and, as a result, these copies could be purchased in foreign markets and legally resold in the United States.

Columns & Departments

In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

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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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