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'Piercing the Corporate Veil' with Respect to Monetary Claims Against Commercial Tenants Image

'Piercing the Corporate Veil' with Respect to Monetary Claims Against Commercial Tenants

Alexander Lycoyannis

In some cases, landlords have persuaded courts to "pierce the corporate veil," so as to recover sums from a corporate tenant's creditworthy parent entity and/or principal(s). In other cases, courts have refused to pierce the corporate veil.This article discusses when a court will, or will not, pierce the corporate veil.

Features

Litigation Image

Litigation

ALM Staff & Law Journal Newsletters

Review of a pivotal case.

Features

The Progressive Lawyer: Telling Your Client's Story at Trial Image

The Progressive Lawyer: Telling Your Client's Story at Trial

Curtis J. Romanowski

Since most divorce lawyers try few cases, with little, if any, jury experience, few recognize the pivotal importance of being able to articulate the stories that bring their cases to life and make their facts persuasive.

Features

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Key verdicts from around the states.

Features

Employee Communications and Loss of Privilege Image

Employee Communications and Loss of Privilege

Marjorie J. Peerce & Elizabeth S. Weinstein

When employees use their employers' electronic systems for personal communications and storage of personal documents, there are potential implications for the attorney-client and marital privileges.

Features

White-Collar Wiretaps Image

White-Collar Wiretaps

Jonathan B. New & Sammi Malek

Many commentators have suggested that the newly aggressive use of wiretaps will have a profound chilling effect on the practices of the financial services sector.

Features

Criminal Intent and the So-Called 'Red Flag' Theory Image

Criminal Intent and the So-Called 'Red Flag' Theory

Stanley S. Arkin & Howard J. Kaplan

The "red flag" theory carries the danger of fostering undeserved prosecutions, for so much of it involves the feelings or the opinions of the prosecutor ' and conceivably of a jury.

Features

In the Spotlight: Imposition of Heightened Duty on Commercial Landlords for Repairs Image

In the Spotlight: Imposition of Heightened Duty on Commercial Landlords for Repairs

Catherine L. Burns

The common law has been displaced now in several jurisdictions where the courts are deviating from the common law rule in commercial leases and toward the imposition of an affirmative duty upon commercial landlords to undertake repairs to leased premises.

Features

A Landlord's Duty to Mitigate in The District of Columbia, Maryland and Virginia Image

A Landlord's Duty to Mitigate in The District of Columbia, Maryland and Virginia

John Kelly

Both landlords and tenants need to be aware of applicable state law concerning a landlord's duty to mitigate when negotiating the default provisions of a commercial lease. A look at three separate jurisdictions.

Features

Presenting Bankruptcy Concepts to Juries Image

Presenting Bankruptcy Concepts to Juries

Philip Oliss & Sarah K. Rathke

A common belief among bankruptcy practitioners has been that disputed matters invariably sound in equity, thus posing very little danger that an attorney would ever encounter a jury. But juries can appear where one least expects them.

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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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