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Features

Tax Court Divides Endorsement Income into Personal Service Or Royalty Earnings Image

Tax Court Divides Endorsement Income into Personal Service Or Royalty Earnings

Stan Soocher

The U.S. Tax Court decided that fees received by international pro-golfer Retief Goosen for so-called "on-course" endorsement deals constituted both personal service and royalty income.

New Business Structures for Keeping Cast Albums Alive Image

New Business Structures for Keeping Cast Albums Alive

Michael I. Rudell & Neil J. Rosini

This article discusses how, in the wake of changing economic and industry conditions, new business structures have evolved to bolster the production and exploitation of cast albums while shifting the risk and reward from large labels to the authors, investors and producers of the shows themselves.

Features

Understanding and Mitigating the Legal Risks of Cloud Computing Image

Understanding and Mitigating the Legal Risks of Cloud Computing

Bennett B. Borden & Shannon Smith

Information governance policies and procedures can be developed to reduce the risks and realize the benefits of cloud computing.

Successful Mediation of Leasing Disputes Image

Successful Mediation of Leasing Disputes

Steven B. Corenblum & Barry Marks

This article examines some of the key issues involved in a successful mediation. The article is framed as a conversation between lawyer and mediator.

Features

State Legislatures Consider UCC Article 9 Amendments Image

State Legislatures Consider UCC Article 9 Amendments

Alan M. Christenfeld & Barbara M. Goodstein

In early 2009 we reported about the formation by the Uniform Law Commission and the American Law Institute of a drafting committee to consider the first comprehensive set of changes to Article 9 of the Uniform Commercial Code since the amendments approved in July 1998. Given that approximately six months have elapsed since the launch of the legislative approval process for the 2010 amendments, we thought it an opportune time to review the progress of adoption of these amendments.

Features

The Case of the Broken Checklist Image

The Case of the Broken Checklist

Stanley P. Jaskiewicz

Intellectual property rights, such as a domain name, and trademarks and copyrights, can far outweigh an e-commerce enterprise's (and other types of businesses') tangible assets in value — and must be covered in the checklists that loan officers and outside counsel review to complete loan documentation.

Features

Opinion Says Lawyers May Check Jurors' Online Activity Image

Opinion Says Lawyers May Check Jurors' Online Activity

Brendan Pierson

Attorneys may monitor jurors through online social networks as long as they do not contact the jurors or in any way make their monitoring known to them, the New York County Lawyers' Association said in a recent ethics opinion.

Strategic Buyers Go to 'School' on Financial Buyers Image

Strategic Buyers Go to 'School' on Financial Buyers

Adam Schlagman

<i>The Corporate Counselor</i>'s editor-in-chief recently had the pleasure of attending the Dealmakers' Summit, a unique private event dedicated to the discussion and analysis of hot-button topics currently facing equity investors, advisers, and their bankers. He reports on the lively debate.

Crafting Arbitration Clauses Image

Crafting Arbitration Clauses

Kimberly Taylor

A well-crafted arbitration clause, written before a dispute arises and trust has broken down among the parties, can effectively address the concerns that have been expressed about arbitration. This article tells you how to draft one.

Navigating the Potentially Conflicting Demands of U.S. Discovery Obligations and EU Data Protection Laws Image

Navigating the Potentially Conflicting Demands of U.S. Discovery Obligations and EU Data Protection Laws

Michael Miller & and Karin Retzer

Complying with U.S. discovery demands can involve enormous effort and expense, even in the best of circumstances. But the process can become even more difficult when EU data protection laws prohibit the disclosure of the requested information.

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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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    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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