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Features

Where Are All the Law Students Going? Image

Where Are All the Law Students Going?

Bruce W. Marcus

How odd that at a time when unemployment in law firms is at a peak, and uncertainty about jobs for recent graduates is rife, enrollment at law schools is reported to be rising.

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Motivating Attorneys to Accomplish Firm Objectives Image

Motivating Attorneys to Accomplish Firm Objectives

Joel A. Rose

The two major challenges now facing lawyer management in many of these mid-sized firms are motivating the non-entrepreneurial attorneys to achieve and to perform, and retaining the "over-achiever" attorneys so they will not leave the firm.

Economic Analysis in ERISA Litigation over Fiduciary Duties Image

Economic Analysis in ERISA Litigation over Fiduciary Duties

John Montgomery

Continuation of the in-depth discussion begun last month, with emphasis on Implications of behavioral finance for ERISA litigation.

Features

Job Discrimination Against Muslims Image

Job Discrimination Against Muslims

Philip M. Berkowitz

Despite the EEOC's dire predictions, Muslims, Arabs, and other people of eastern descent living in the United States have not seen the social ostracism experienced by these groups in other countries.

Features

The Extraterritorial Application of the Dodd-Frank Whistleblower Provisions Image

The Extraterritorial Application of the Dodd-Frank Whistleblower Provisions

Jason C. Schwartz, Thomas M. Johnson, Jr., & Amanda Penabad

This article focuses on the potential for extraterritorial application of the expanded Sarbanes-Oxley provisions and the new SEC whistleblower cause of action.

Features

When Office Tenants Go Dark Image

When Office Tenants Go Dark

Laurie Sanderson

Most office leases require tenants to actively carry on business from their leased premises, and prohibit tenants from vacating or abandoning the premises. It is becoming increasingly common, however, for tenants to object to these provisions and to request the lease include a "go-dark" provision.

Features

Insurance Coverage for Damage to Tenant Improvements Image

Insurance Coverage for Damage to Tenant Improvements

Dan Millea & Monica Geyen

Multiple factors are often involved in the analysis and determination of ownership interests and insurance obligations for tenant improvements and betterments, furniture, fixtures and equipment, and other "personal property" within leased premises. Here's why it matters.

Features

In the Spotlight: Unique Retail Considerations of Branch Bank Leasing Image

In the Spotlight: Unique Retail Considerations of Branch Bank Leasing

Philip A. Markowitz

When representing bank tenants, simply following established retail principles, even zealously on some issues, is not enough. There are certain banking-specific concerns, even pitfalls, about which bank counsel must be aware.

Features

Retail Tenants Need to ZIP Up Their Class-Action Defenses in CA Image

Retail Tenants Need to ZIP Up Their Class-Action Defenses in CA

John Powers

Retail tenants in California ' and perhaps those in other states as well ' that collect ZIP Codes may very well find themselves the subject of putative class actions, the penalties for which could be substantial.

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    “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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