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Features

Privileged Communications and the One-Sided Nature of Crime-Fraud Litigation Image

Privileged Communications and the One-Sided Nature of Crime-Fraud Litigation

Jeffrey A. Neiman & Justin A. Thornton

The crime-fraud exception to the attorney-client privilege allows the government, often <i>ex parte</i>, to obtain a court order demanding the production of what were once thought to be privileged communications.

Features

Renkemeyer Case Sheds Light on Law Firm Tax Issues Image

Renkemeyer Case Sheds Light on Law Firm Tax Issues

Richard Stieglitz & Martin Arking

A recent tax court case dealt with two issues that are relevant to many law firms. The first issue is the allocation of partnership income to the partners in the absence of a written partnership agreement. The second is whether income generated by a limited liability partnership is subject to self-employment tax.

Features

Where Is the Data? Image

Where Is the Data?

Amelia Stobaugh

If you walk into the Meet and Confer or 26(f) meeting of parties unprepared for an informed discussion of electronically stored information (ESI), the repercussions are serious. Here's how to prepare.

Features

Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

This edition of the Review looks at some legislation of interest to corporate lawyers that went into effect from May 1 through July 1, 2011. It also looks at recent decisions of interest from the courts of Delaware, California, and Nevada.

Features

Negligence Claim Precluded by Real Estate Service Contract Image

Negligence Claim Precluded by Real Estate Service Contract

Alan Nochumson

In <i>Greenwood Land Co. v. Omnicare Inc.</i>, the U.S. District Court for the Western District of Pennsylvania precluded a tenant from claiming negligence against its real estate management company under the gist of the action and economic loss doctrines as a result of a contract that existed between the parties.

Features

Foundations of a Successful Homebuilder Reorganization Image

Foundations of a Successful Homebuilder Reorganization

Joel H. Levitin, Maya Peleg, Mitchell B. Arden & Michael P. Gaul

The in-depth story of a successful reorganization endeavor.

Features

<B><I>BREAKING NEWS:</b></i> Federal Bankruptcy Court Declares DOMA Unconstitutional Image

<B><I>BREAKING NEWS:</b></i> Federal Bankruptcy Court Declares DOMA Unconstitutional

Kate Moser

In a rare and sweeping bankruptcy ruling, a federal bankruptcy judge backed by most of his colleagues in the Central District of California has held that the federal Defense of Marriage Act is unconstitutional.

Features

Judge Distinguishes Subpoenas over BitTorrent Sharing Image

Judge Distinguishes Subpoenas over BitTorrent Sharing

Zoe Tillman

Not all file-sharing websites are created equal, according to U.S. District Court Judge Beryl A. Howell of the U.S District Court for the District of Washington.

Features

Aggressive Copyright Positions by Lady Gaga, Burning Man Festival Image

Aggressive Copyright Positions by Lady Gaga, Burning Man Festival

Robert W. Clarida & Robert J. Bernstein

What's at issue is control, obviously, and the great lengths to which some will go to maintain it, even as they benefit from the wide-open, free-flowing viral information torrent of the Internet.

Features

Social Media and Negotiating Celebrity Endorser Morals Clauses Image

Social Media and Negotiating Celebrity Endorser Morals Clauses

Doug Wood

One thing to do when hiring a celebrity endorser is to be certain the contract includes a "morals clause" that permits termination of a contract if the endorser decides to use Twitter, Facebook, LinkedIn, YouTube, etc., to tweet, post or upload offensive comments and materials. Know, however, that celebrity agents are very careful not to let contracts be terminated for bad behavior.

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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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