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The Extraterritorial Application of the Dodd-Frank Whistleblower Provisions Image

The Extraterritorial Application of the Dodd-Frank Whistleblower Provisions

Jason C. Schwartz, Thomas M. Johnson, Jr., & Amanda Penabad

This article focuses on the potential for extraterritorial application of the expanded Sarbanes-Oxley provisions and the new SEC whistleblower cause of action.

Features

Retail Tenants Need to ZIP Up Their Class-Action Defenses in CA Image

Retail Tenants Need to ZIP Up Their Class-Action Defenses in CA

John Powers

Retail tenants in California ' and perhaps those in other states as well ' that collect ZIP Codes may very well find themselves the subject of putative class actions, the penalties for which could be substantial.

Features

Foreclosure Crisis Presents Challenges for Lenders When Homeowners and Condo Associations Are Involved Image

Foreclosure Crisis Presents Challenges for Lenders When Homeowners and Condo Associations Are Involved

Ronald B. Cohn & Taylor Samsing

With foreclosure filings at unprecedented levels, associations are facing high assessment delinquency rates since generally when a homeowner stops paying his or her mortgage, he or she also ceases paying any assessments. A look at recent litigation.

Features

Court Restricts Bankruptcy Court Jurisdiction in Stern v. Marshall Image

Court Restricts Bankruptcy Court Jurisdiction in Stern v. Marshall

William M. Hawkins

The Supreme Court's 5-to-4 decision in <i>Stern v. Marshall</i> definitively upsets a quarter-century's jurisdiction by bankruptcy courts over a large set of actions.

Features

Understanding and Mitigating the Legal Risks of Cloud Computing Image

Understanding and Mitigating the Legal Risks of Cloud Computing

Bennett B. Borden & Shannon Smith

There can be significant economic efficiencies realized by moving to the cloud. However there are also potential risks involved if an entity does not adequately consider the information governance implications, especially those involving electronic discovery.

Features

Parsing the Copyright Preemption Issue in Claims for Breach of Implied-in-Fact Contracts Image

Parsing the Copyright Preemption Issue in Claims for Breach of Implied-in-Fact Contracts

Stan Soocher

The U.S. Court of Appeals for the Ninth Circuit recently reconfirmed the long-established principle that, under California law, an implied-in-fact contract claim over an alleged promise to pay for use of an idea or concept isn't preempted by federal copyright law.

Features

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NJ & CT News

ALM Staff & Law Journal Newsletters

News from neighboring states.

Features

Integration In the Cloud Image

Integration In the Cloud

Eric Hunter

One of the greatest challenges any organization can face is the integration of evolving technology into its culture, practice and processes. At Bradford &amp; Barthel ("B&amp;B"), our main challenges in this regard have focused on the adaptation of Google Apps within our environment and business model.

Features

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Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of importance.

Features

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Drug & Device News

ALM Staff & Law Journal Newsletters

News of importance to you and your practice.

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MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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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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