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Managed Services Image

Managed Services

Ron Arrington

According to a recent study, small- and medium-sized businesses need to ask more questions about managed services ' what the various components are and how they apply to their particular business.

Lease Accounting Project Update Image

Lease Accounting Project Update

Bill Bosco

Here's the latest information on the FASB/IASB Boards lease accounting project.

Features

What's New in the Law Image

What's New in the Law

Robert W. Ihne

Highlights of the latest equipment leasing law.

Features

TRACE Report Offers Global Anti-Bribery Enforcement Stats Image

TRACE Report Offers Global Anti-Bribery Enforcement Stats

Sue Reisinger

The anti-bribery group TRACE International, Inc., has released its latest annual report offering in-house counsel detailed data on the pace of enforcement in different countries. The report says the United States more than doubled its formal enforcement actions between 2009 and 2010.

Piercing the Corporate Veil Image

Piercing the Corporate Veil

Fernando M. Pinguelo & and Kristen M. Welsh

In a case of first impression in New Jersey, the state's appellate court extended corporate veil piercing ' the equitable principle of imposing liability to individuals generally protected by statute ' to limited partnerships under certain conditions.

Features

Restitution for Internal Investigation Costs Under the MVRA Image

Restitution for Internal Investigation Costs Under the MVRA

Christopher J. Hunter

Businesses that are forced to undertake internal investigations are victimized not only by the fraud the investigation uncovers, but also by the costs expended to uncover it. To restore your company to its "prior state of well-being," a restitution order should account for both types of harm.

Dodd-Frank: What About Leasing? Image

Dodd-Frank: What About Leasing?

Paul Bent

As described in this two-part article, many of Dodd-Frank's sweeping provisions are likely to have long-term consequences for the equipment leasing and finance industry and for leasing counsel.

Features

Principles Applicable to Claims for Recovery on a Replacement Cost Basis Image

Principles Applicable to Claims for Recovery on a Replacement Cost Basis

Catherine A. Mondell & and M. Patrick Moore, Jr.

Many commercial first-party property insurance contracts detail circumstances under which an insured may seek and recover for physical loss or damage to insured property on a replacement cost basis. If the contract does not provide that option, or if the conditions for replacement cost recovery are not met, the insured's recovery typically is limited to the actual cash value of the lost or damaged property. Because the measured difference can be substantial, certain principles have evolved in practice and case law concerning this distinction.

Features

Coverage Issues Under Homeowners' Insurance Policies in Chinese Drywall Cases Image

Coverage Issues Under Homeowners' Insurance Policies in Chinese Drywall Cases

Travis B. Wilkinson & Seth A. Schmeeckle

Recently, a Louisiana Court of Appeal rendered a decision in what is believed to be the first state or federal appellate decision regarding insurance coverage for damages allegedly caused by Chinese drywall under a homeowners' insurance policy. In <i>Ross v. C. Adams Construction &amp; Design</i>, the Louisiana Fifth Circuit affirmed the granting of a summary judgment in favor of the defendant insurer and held that the claims made by the plaintiff homeowners for damages as a result of Chinese drywall in their home were excluded from coverage.

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IP News

Howard J. Shire & Joseph Mercadante

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

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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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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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