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DE Chancery Court Won't Dismiss Action Seeking Dissolution of a Deadlocked Joint Venture Image

DE Chancery Court Won't Dismiss Action Seeking Dissolution of a Deadlocked Joint Venture

Robert S. Reder & Rachel Fink

Unsuccessful 50/50 joint ventures often lead to disputes between the partners and, in some cases, may produce noteworthy judicial decisions. Such is the case with <i>Lola Cars International Limited v. Krohn Racing, LLC, et al.</i> in which the Delaware Court of Chancery recently refused to dismiss claims arising out of a deadlocked joint venture structured as a limited liability company ("LLC"),

Features

A Daubert Checklist Image

A Daubert Checklist

John D. Sear

Courts of appeal historically affirm more than 85% of all trial court <i>Daubert</i> decisions. Trial courts will get it right the first time if you follow this tried-and-true checklist.

Features

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of interest.

Features

Confronting the Forensic Facts Image

Confronting the Forensic Facts

Marjorie J. Peerce & Elizabeth S. Weinstein

A pair of recent Supreme Court cases built upon the Sixth Amendment's Confrontation Clause, <i>Crawford v. Washington</i> and <i>Melendez-Diaz v. Massachusetts</i>, have given criminal defense attorneys potent new weapons to challenge forensic evidence proffered by the government

Features

Counsel Concerns Image

Counsel Concerns

Stan Soocher

Knowledge of Royalty Settlement Starts Malpractice Limitations Period

Features

'Voodoo Information': Authenticating Web Pages In Federal Court Image

'Voodoo Information': Authenticating Web Pages In Federal Court

M. Anderson Berry & David Kiernan

During the life of any case, there will likely be valuable information obtained from the Internet that will be used at deposition or trial. Commonly, the proponent of online evidence will present a screen shot of the Web page, which was either downloaded as a .pdf or printed directly from the Web site. The process is like taking a photograph of the image as it appears on the monitor. In general, this captures not only the look, but also the download date and the URL. If proper steps are not taken to admit the evidence, the value of this information may be lost.

Features

IP News Image

IP News

Howard Shire & Matthew Berkowitz

Highlights of the latest intellectual property news from around the country.

Features

A Viking on Choppy Waters Image

A Viking on Choppy Waters

Robert D. Goodman & Steve Vaccaro

When the New York Court of Appeals issued its decision in <i>Consolidated Edison Company v. Allstate Insurance Co.</i>, the issue of allocating liability for continuing losses among multiple insurers consecutively liable for the loss appeared to be all but settled. This approach to allocation has been called into question, however, by the recent decision of the Delaware Court of Chancery in <i>Viking Pump, Inc. v. Century Indem. Co.</i>

Features

Court Watch Image

Court Watch

Charles G. Miller & Darryl A. Hart

Highlights of the latest franchising cases from around the country.

Features

Franchise Disclosure Documents and Agreements Image

Franchise Disclosure Documents and Agreements

Nicholas Bibby

While franchise disclosure documents and their attendant agreements are the "glue" applied to the initial franchisor/franchisee relationship, the question of "who constructed the paperwork" is both a touchy and legitimate concern for those immersed in the franchise industry.

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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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