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'Waiving' Goodbye to Class Actions Image

'Waiving' Goodbye to Class Actions

Michael C. Schmidt

It is no secret by now that employers, particularly those in such industries as the financial services, retail and health care, continue to be hit with the legal tsunami that is class action lawsuits. Here's how to cope.

Features

Policing Workplace e-Mail Use Image

Policing Workplace e-Mail Use

Fernando M. Pinguelo & Laura J. Tyson

A company's decision on where to draw the line on personal use of workplace computers poses a great challenge to employers, and recent court rulings do not make the decision and its enforcement any easier.

Features

Five Steps for Managing the Risks Associated with Sensitive Data Image

Five Steps for Managing the Risks Associated with Sensitive Data

Jonathan M. Cohen & Elise Dieterich

The trend toward cloud computing, use of third-party application service providers, and outsourcing functions that can include payroll, benefits, marketing and more, multiply the potential vulnerabilities, and up the ante when it comes to managing data-related risk.

Features

DE Courts Tackle Novel Issues Presented by Contested Director Election Image

DE Courts Tackle Novel Issues Presented by Contested Director Election

Robert S. Reder

Recently, in <i>Kurz v. Holbrook</i>, the Delaware Court of Chancery and Supreme Court confronted dueling consent solicitations over control of the board of directors of EMAK Worldwide, Inc. This contest generated three issues of first impression.

Features

The Leasing Hotline Image

The Leasing Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Leveraged Buyouts Made Less Safe from Fraud Actions in Delaware Image

Leveraged Buyouts Made Less Safe from Fraud Actions in Delaware

Corinne Ball

In the recent decision in <i>Mervyn's, LLC v. Lubert-Adler Group IV, LLC</i> (<i>In re Mervyn's Holdings LLC</i>), a Delaware bankruptcy court allowed a debtor to proceed with a suit against its former parent, alleging a fraudulent conveyance and breach of fiduciary duty to the debtor and its creditors.

Features

Secured Lenders Do Not Have an Absolute Right to Credit Bid at Bankruptcy Plan Sales Image

Secured Lenders Do Not Have an Absolute Right to Credit Bid at Bankruptcy Plan Sales

Sam J. Alberts & David Lee Tayman

In a decision that could have wide-ranging consequences for secured lenders and the distressed debt market, a divided U.S. Court of Appeals for the Third Circuit has held that secured creditors do not have an absolute right to credit bid the value of their loans in Chapter 11 plan-based sales of assets.

Features

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

The latest rulings of interest.

Features

Adult Uses: Adequate Alternative Sites Image

Adult Uses: Adequate Alternative Sites

Stewart E. Sterk

When municipalities enact zoning ordinances that restrict the location of adult uses, they must take care to assure that adequate alternative sites remain available.

Features

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

Recent rulikngs of interest to you and your practice.

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    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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