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When Settlement Is the Best Option Image

When Settlement Is the Best Option

Ronald J. Levine & Aviva Wein

Too many defense counsel and their clients fixate on the early stages of the client's reaction to a product liability lawsuit ' denial or anger. They do so without evaluating the final stage ' acceptance

Practice Tip: Dead in the Water? Image

Practice Tip: Dead in the Water?

James H. Rotondo & Michael P. Pohorylo

The admissibility of a coroner's or medical examiner's conclusions should not be assumed, because their conclusions may not satisfy the <i>Daubert</i> or applicable state court standard.

Eliminating 'Phantom Damages' Image

Eliminating 'Phantom Damages'

Victor E. Schwartz & Cary Silverman

Lawyers who represent plaintiffs in product liability and other personal injury cases seek damages for medical expenses based on amounts originally billed by healthcare providers that are significantly higher than the plaintiff -- or anyone paying on her behalf -- actually paid.

Features

Representing the Individual Defendant Image

Representing the Individual Defendant

Alex W. Craigie

This article focuses on the inherent risk of unwittingly assuming the role of psychotherapist, the difficulty of gaining control over the demanding or doubting client, ethical situations, arising and attorney-client communications.

Moving Forward with Outsourcing in the New Legal Model Image

Moving Forward with Outsourcing in the New Legal Model

Robert C. Mattern

How do firms use and structure outsourcing most effectively under the new legal model and what are the opportunities that are available? This article provides the answers.

Why Does It Hurt When I Pay? Image

Why Does It Hurt When I Pay?

Wayne K. Berkowitz

Are all those new partners lining up at your door wondering why they went from having to file personal income tax returns in one state to a multitude of 15, 20, or maybe more?

Take Ownership of Your Firm's Accounts Receivable Image

Take Ownership of Your Firm's Accounts Receivable

Ed Poll

Most lawyers are familiar with and capable in marketing (winning the work) and production (doing the work effectively and efficiently), but they fail to grasp the importance of collections.

Features

EEOC Cases of 2011 Image

EEOC Cases of 2011

Christopher J. DeGroff & Gerald L. Maatman, Jr.

The EEOC promised to file bigger, higher-profile cases in 2011. It did just that, with a second straight year of a record number of systemic investigations and class-like federal court filings.

Court Delays Controversial NLRB Poster Requirement Image

Court Delays Controversial NLRB Poster Requirement

Daniel V. Johns, Geoffrey D. Bruen & Meredith C. Swartz

On April 17, the U.S. Court of Appeals for the District of Columbia Circuit enjoined the National Labor Relations Board (NLRB) from enforcing a controversial rule that would require most private sector employers covered by the National Labor Relations Act to post a notice advising employees of their rights under the Act.

Employees' Pre-Eligibility FMLA Rights Image

Employees' Pre-Eligibility FMLA Rights

Christy Phanthavong & William Wortel

The Family and Medical Leave Act (FMLA) is perhaps the most difficult federal employment statute with which to comply. Here's a review of eligibility requirements.

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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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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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