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Med Mal News

ALM Staff & Law Journal Newsletters

Recent important news.

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The Supreme Court and Product Liability Image

The Supreme Court and Product Liability

Steven Glickstein

The Supreme Court decided less than a handful of product liability cases last term. But those it did decide will have great significance in the areas of personal jurisdiction over foreign manufacturers, and federal preemption of state law.

Features

Cozen O'Connor's Landlord Disputes Firm's Complaints Image

Cozen O'Connor's Landlord Disputes Firm's Complaints

Gina Passarella

Cozen O'Connor's landlord says its building is completely up to par, despite complaints from the law firm that the elevators are dangerous and do not work; the roof leaks; and the plants look shabby.

Features

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Analysis of key rulings.

Features

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

Recent rulings of importance.

Features

Third Circuit Weighs in on the Extortion Defense to Bribery Image

Third Circuit Weighs in on the Extortion Defense to Bribery

Bruce E. Yannett, Sean Hecker & Steven S. Michaels

In a recent decision in a domestic bribery case, the United States Court of Appeals for the Third Circuit, after canvassing the law relating to extortion as a defense to federal bribery charges, identified the principal reasons why extortion is so rarely raised, and even more rarely effective, as a defense.

Features

Third Circuit Revives Committee's Deepening Insolvency and Breach of Fiduciary Duty Claims Image

Third Circuit Revives Committee's Deepening Insolvency and Breach of Fiduciary Duty Claims

Thomas R. Fawkes & Wendy E. Morris

In a recent opinion issued in the Chapter 11 case of <i>In re Lemington Home for the Aged</i>, the Third Circuit revived claims of breach of fiduciary duty and deepening insolvency against directors and officers of a nonprofit Pennsylvania corporation.

Features

Employer Found Liable for Harassment By Client Image

Employer Found Liable for Harassment By Client

Kevin C. McCormick

In a recent, unpublished decision, the Fourth U.S. Court of Appeals held that an employer may be responsible for the sexual harassment of one of its employees by the employer's client. This is an interesting issue that the Fourth Circuit had failed to address ' until this decision.

Features

The ESI Race Heats Up Image

The ESI Race Heats Up

Dean Gonsowski

It's probably not a stretch to say that e-mail has been the single biggest factor in the creation of the electronic discovery industry as we know it today. e-Mail has been seen as almost synonymous with e-discovery, in many ways to the detriment of other valuable forms of ESI. But, that race has tightened up.

Features

Constitutionality Of Facebook Threat Charges Challenged Image

Constitutionality Of Facebook Threat Charges Challenged

Shannon P. Duffy

A Pennsylvania man who was indicted for making violent threats on Facebook is now challenging the constitutionality of the federal cyberstalking statute, arguing that the law criminalizes "pure speech" and is vague and overbroad.

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  • 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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