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Case Notes

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

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The General Reference

Chad Starkey

There is a general distrust and downright loathing of referees in the sports world. In the legal industry, however, lawyers are learning that the referee can be a powerful ally in deterring litigation and resolving cases early and successfully. While the legal profession will always have its fair share of Bobby Knights and John McEnroes, the referee appears to be gaining the upper hand.

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IP News

ALM Staff & Law Journal Newsletters

Recent news of importance to you and your practice.

Features

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TTAB Proceeding

John M. Cone

In a proceeding before the Trademark Trial and Appeal Board ('TTAB'), if your adversary is a foreign entity with no employees in the United States, can you compel an oral deposition of the entity in this country? 'No,' says the TTAB, through its Manual of Procedure ('TBMP'). 'Yes,' says the Fourth Circuit, relying on '24 of the Patent Act, 35 U.S.C. '24 in <i>Rosenruist-Gestao E Servicos LDA v. Virgin Enterprises Ltd.</i>, 511 F.3d 437 (4th Cir. 2007).

Features

Survey of Recent Developments in Criminal Antitrust Law Image

Survey of Recent Developments in Criminal Antitrust Law

David J. Laing

There have been numerous developments in U.S. criminal antitrust law over the last half-decade ' in legislation, judicial opinions, and the publicly stated enforcement policy of the Antitrust Division of the Department of Justice (DOJ). While none have been watershed events individually, in the aggregate they fundamentally impact representation of companies or individuals under investigation for antitrust violations. This article outlines the cumulative effect of these developments and indicates how representation of companies under antitrust investigation has changed over this period.

Features

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Real Property Law

ALM Staff & Law Journal Newsletters

Analysis of recent rulings.

Features

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Landlord & Tenant

ALM Staff & Law Journal Newsletters

Commentary on the latest cases.

Features

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Index

ALM Staff & Law Journal Newsletters

Everything contained in this issue, in an easy-to-read format.

Features

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Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of interest.

Features

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The Stoneridge Decision

Sarah L. Reid & Damaris M. Diaz

On Jan. 15, 2008, the U.S. Supreme Court handed down its decision in <i>Stoneridge Investment Partners v. Scientific Atlanta</i>, the case that has been called 'the most important securities law case to reach the Court this decade' and 'the securities lawyer's <i>Roe v. Wade</i>.' While the case had both domestic and international corporations concerned about its potential to dramatically expand the scope of 10b-5 claims in order to target third parties doing business with public companies that concern can now be laid to rest.

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    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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