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Decisions of Interest

ALM Staff & Law Journal Newsletters

Court Denies Joinder of Action That Would Delay Child Support Supreme Court, Nassau County, denied a father's attempt to join his child support obligation termination request to the mother's motion to have him held in contempt for failure to pay, as joinder would delay the proceedings, to the detriment of the children. BJG v. MDG, --- N.Y.S.2d ----, 2010 WL 3384903 (Sup. Ct., Nassau Cty., 8/31/10) (Falanga, J.). …

Features

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NJ & CT News

ALM Staff & Law Journal Newsletters

Happenings in neighboring states.

Features

Who Is a Parent? Image

Who Is a Parent?

Janice G. Inman

In last month's newsletter, we looked at two recent cases in which New York courts determined that non-biological/non-adoptive parents could or could not seek ongoing relationships with their former romantic partners' children. The question that arises when looking at these two outcomes is, in which situations will a "virtual parent" be treated as a legal parent?

Features

Practice Tip: Playing Poker with Experts Image

Practice Tip: Playing Poker with Experts

James H. Rotondo

Part One of this article described problems arising out of the substitution of experts, and discussed some recent case law. The conclusion herein presents some suggested ways of dealing with the situation.

Features

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Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

Litigation Image

Litigation

ALM Staff & Law Journal Newsletters

Recent rulings of interest.

Features

CA Case to Decide Whether the Duty to Warn Covers Hazards Posed By Products of Others Image

CA Case to Decide Whether the Duty to Warn Covers Hazards Posed By Products of Others

Malcolm Myers, Mark A. Behrens & Cary Silverman

At press time, the California Supreme Court was considering a case that could impose a duty to warn on the manufacturer of one product for hazards associated with other products that are manufactured and sold by third parties.

Features

Video and Audio Recording in Domestic Cases Image

Video and Audio Recording in Domestic Cases

Lynne Strober

Is there a legal difference between an audio and video recording of someone, compared with a video recording of someone? Moreover, if the recording is not sent electronically, but stored at the location of the recorded individual, is it still a violation of the wiretapping statute?

Features

Insurance Coverage in Consumer Class Actions Image

Insurance Coverage in Consumer Class Actions

Justin F. Lavella & John W. McGuinness

The requirements placed on corporate America as a result of increasingly labyrinthine consumer protection laws have created significant new potential liabilities, often in the form of statutorily mandated damages.

Features

Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

A look at some legislation of interest to corporate lawyers that went into effect during the last quarter, including amendments to Delaware's corporation, LLC and LP laws. Also, three recent decisions dealing with the inspection of books and records.

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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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