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Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

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News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

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Court Watch

Darryl A. Hart

Highlights of the latest franchising cases from around the country.

Bet-the-System Disputes: When Minor Issues Can Get Out of Control Image

Bet-the-System Disputes: When Minor Issues Can Get Out of Control

Kevin Adler

It's not common that a franchise is embroiled in a dispute that has the potential to disrupt or force operational changes to the entire system. But when those situations arise, franchisors are faced with the unpleasant decision whether it's worth taking on the "bet-the-system" challenge.

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Insurance, Indemnification and the Franchise Relationship: How to Make 'Belt and Suspenders' Work for Your Business Image

Insurance, Indemnification and the Franchise Relationship: How to Make 'Belt and Suspenders' Work for Your Business

Andrew S. Wein

Unless one is aware of the potential pitfalls, even so-called "iron-clad" indemnification clauses or insurance provisions in a franchise agreement can be all for naught. This article discusses the interplay between insurance, indemnification, and the default common-law rules, so that franchisors and franchisees can avoid those dangerous pitfalls.

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In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

Grant Money Doesn't Come Free: How to Keep Your Company Out of Trouble When Using Federal Funds Image

Grant Money Doesn't Come Free: How to Keep Your Company Out of Trouble When Using Federal Funds

Edward T. Waters

Private companies should take advantage of the unprecedented funding created by the American Recovery and Reinvestment Act. Before they avail themselves of that funding, however, they must take careful stock of the requirements that accompany every aspect of the grant, from accounting under a grant to intellectual property created with those grant funds.

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Beyond the Signed Agreement: Intercreditor Dynamics in Bankruptcy Image

Beyond the Signed Agreement: Intercreditor Dynamics in Bankruptcy

John D. Fredericks

When a creditor enters the realm of bankruptcy, lenders often find that the many detailed provisions of an extensively negotiated intercreditor agreement are no longer controlling.

Features

FASB Issues Lease Accounting Discussion Paper Inviting You to Comment Image

FASB Issues Lease Accounting Discussion Paper Inviting You to Comment

Bill Bosco

The FASB/IASB Boards issued a Discussion Paper titled <i>Leases: Preliminary Views</i> on March 19, 2009, inviting the public to comment by July 17, 2009.

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Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

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    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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