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Features

Advanced Online Strategies for Lawyers Image

Advanced Online Strategies for Lawyers

Christy Burke

The polished and plugged-in e-commerce attorney, though well aware of options for enterprises he or she advises, may not think readily of using social media tools a marketing-savvy client may employ for business. But those tools are available to everyone, and using them may bring a big boon. Social networking can turn virtual possibilities into very beneficial realities.

Curbing Internet Defamation Image

Curbing Internet Defamation

Jonathan Bick

Countless Internet speakers are not effortlessly identifiable, and hence, novel litigation, technical and administrative-law tactics are advantageous for successfully curbing Internet defamation.

Features

Understanding The Importance of Derivative Works Image

Understanding The Importance of Derivative Works

J. T. Westermeier

This article attempts to provide a practical understanding of derivative works and their importance in structuring business ' including e-commerce ' transactions involving the right to create derivative works. It also discusses several strategic considerations relating to derivative works. This area of law is of critical importance to rightsholders and business partners, and is of particular importance in the growth of up-and-coming e-commerce firms, which need flexibility with intellectual property and rights, and whose principles and counsel need a keen understanding of these issues to promote and sustain healthy expansion.

Avoiding e-Conomic Insanity When Business Rebounds Image

Avoiding e-Conomic Insanity When Business Rebounds

Stanley P. Jaskiewicz

For e-commerce firms and businesses generally, the ability to maintain a turnaround will be affected by decisions made now, in the depth of the recession. Today, as they struggle to preserve cash flow and stay current on obligations to lenders, landlords and vendors, the helmspeople of too many firms have come to regret decisions they made with hope in their heart for a booming economy 'yet forgot and may still forget to plan prudently for the rebound. Ever more so than before, today's "big deal' may become the liability that leads to tomorrow's bankruptcy filing.

Features

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

A look at a recent important case.

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

In-depth analysis of key cases.

Development Image

Development

ALM Staff & Law Journal Newsletters

Three cases of major importance.

Features

Cooperatives & Condominiums Image

Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

Recent key rulings.

Features

Applying Res Judicata Principles to Zoning Applications Image

Applying Res Judicata Principles to Zoning Applications

ALM Staff & Law Journal Newsletters

In two recent cases, the Second Department has dealt with a recurring problem in zoning law: What constraint does precedent place on the decision-making authority of a zoning board of appeals? More particularly, what obligations does a zoning board of appeals (ZBA) have when a landowner applies for a variance or special permit that is substantially similar to a variance or permit the ZBA has previously denied?

Index Image

Index

ALM Staff & Law Journal Newsletters

Everything contained in this issue in an easy-to-find format.

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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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