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Features

The SEC's Renewed Focus on Regulation FD Image

The SEC's Renewed Focus on Regulation FD

Jay V. Shah

In the past 18 months, the SEC has brought two Regulation Fair Disclosure ("Regulation FD") enforcement actions. While this number may not appear particularly significant, past history (the SEC brought seven enforcement actions from 2002 to 2005) and recent SEC guidance indicates that the SEC has renewed its emphasis on enforcing Regulation FD.

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

In-depth analysis of recent key cases.

Class Action Lessons from Wal-Mart v. Dukes Image

Class Action Lessons from Wal-Mart v. Dukes

Scott Burnett Smith & Andrew L. Brasher

The Supreme Court's decision in <i>Wal-Mart v. Dukes</i> draws bright lines that will redound to businesses' benefit and limit the size and scope of class actions in the future.

Nigeria: An FCPA Minefield for Corporations Image

Nigeria: An FCPA Minefield for Corporations

David Elesinmogun, Obumneme Egwuatu & Marcus Cohen

Corruption remains a fact of life in Nigeria ' a fact that has not been lost on the U.S. Department of Justice (DOJ).

Features

Developments in Indian Anti-Corruption Legislation Image

Developments in Indian Anti-Corruption Legislation

Paul R. Berger, Steven S. Michaels & Aaron M. Tidman

While U.S. authorities have stepped up FCPA enforcement to an unprecedented level, India, the world's largest democracy and second largest country by population, finds itself among the forefront of countries working to rid themselves of corrupt transactions.

The SEC Whistleblower Incentives Program Image

The SEC Whistleblower Incentives Program

Kurt Wolfe

This article examines how the SEC plans to use the powerful new incentives to draw out would-be whistleblowers, and how it plans to sort through and make use of whistleblower complaints.

Features

Music Published on Internet Ruled 'U.S. Work' Image

Music Published on Internet Ruled 'U.S. Work'

Julie Kay

A Finnish record company's claim that pop music producer Timbaland and pop star Nelly Furtado plagiarized its music was recently thrown out of court by a Miami federal magistrate.

Features

Protecting IP Rights in a New gTLD World Image

Protecting IP Rights in a New gTLD World

Elisa Cooper

The International Corporation for Assigned Names and Numbers, the international body governing Internet naming and addressing practices, approved in June a plan that allows for a virtually unlimited number of new generic top-level domains (new gTLDs), including new non-English, character-set international domain names. Companies concerned with protecting intellectual property rights have two ways to address the issue &mdash; to the right of the dot and to the left of the dot.

IP News Image

IP News

Jeffrey S. Ginsberg & Wyatt Delfino

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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