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Making Your Merger a Success Image

Making Your Merger a Success

J. Mark Santiago

This article is a compendium of the author's 30 years' experience in law firm consulting and specifically law firm mergers.

Understanding Landlords' 'Self-Help' Rights Image

Understanding Landlords' 'Self-Help' Rights

John G. Kelly

Most states have established summary eviction proceedings which, in theory, provide landlords with a more efficient and expedient method of retaking possession than traditional civil litigation.

In the Spotlight: The Rule Against Perpetuities Image

In the Spotlight: The Rule Against Perpetuities

Donna Hoelscher Suchan & Patrick T. Fitzgerald

Variations in the Rule Against Perpetuities ("the Rule") exist as to when and if the Rule applies to preemptive rights, options to purchase and lease renewal options, and the law continues to evolve.

Special Issues in Retail Leasing Image

Special Issues in Retail Leasing

Ira Fierstein

This article discusses three unique jurisdictional issues relating to remedies, enforceability, and transferability, and explores the positions asserted by both landlords and tenants.

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

More about sentencing in the FCPA Sting trial described in the lead article in this issue.

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

Analysis of recent important rulings.

Features

The Indian Supreme Court's 2G Ruling Image

The Indian Supreme Court's 2G Ruling

Sean Hecker, Aaron M. Tidman & Parveet Singh Gandoak

The importance of due diligence and anti-bribery compliance programs when companies conduct business in countries that historically present a greater risk of corruption.

Forfeiture: A Primer on Proceeds Image

Forfeiture: A Primer on Proceeds

Gary Stein

The U.S. Court of Appeals for the Second Circuit has become the second court of appeals to reject the government's broad interpretation of the statute defining "proceeds" for purposes of federal forfeiture proceedings.

FCPA: Were the Sting Trials Doomed from the Start? Image

FCPA: Were the Sting Trials Doomed from the Start?

David S. Krakoff & Lauren R. Randell

The authors had a front-row seat to the challenges the government faced in the FCPA Sting trials ' they represented a client in the second trial.

Features

D&O Insurance Issues in Bankruptcy Image

D&O Insurance Issues in Bankruptcy

Heidi Lawson

In a D&O policy, the definition of "Claim" can significantly affect the scope of coverage. Disputes can arise when the insured, whether voluntarily or involuntarily, files for bankruptcy or becomes insolvent.

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MOST POPULAR STORIES

  • 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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