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Features

Post-Embezzlement Asset Recovery Procedure Image

Post-Embezzlement Asset Recovery Procedure

G. Michael Bellinger

How companies can effectively deal with employee embezzlement in order to optimize asset recovery.

Features

Boomers in the Dock Image

Boomers in the Dock

Evan A. Jenness

Some baby boomers have come of age on the wrong side of the law, and the older prison population is burgeoning. Fortunately, <i>Booker</i> and its progeny have superseded the Sentencing Guidelines' strict limitations on leniency based on age and health.

The Selective-Waiver Doctrine: Is It Still Alive? Image

The Selective-Waiver Doctrine: Is It Still Alive?

Jonathan S. Feld & Blake Mills

In the past few years, attorneys and commentators had sought to establish the selective-waiver doctrine by proposing changes to the Federal Rules of Evidence. This in-depth analysis explains why.

Features

Case Notes Image

Case Notes

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

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

Punitive Damages and Discovery of a Defendant's Financial Condition Image

Punitive Damages and Discovery of a Defendant's Financial Condition

Michelle Hart Yeary

Allegations of punitive damages can cast a heavy shadow on any litigation, and defendants in product liabilty cases are no strangers to tremendous punitive awards. That said, it is not difficult to understand why most defendants, at least early on, do not want to think about the potential for ' or size of ' a punitive damages award. Here's why.

Federal Preemption of Failure to Warn Claims Against Generic Drug Companies Image

Federal Preemption of Failure to Warn Claims Against Generic Drug Companies

Alan Klein, Sharon L. Caffrey & Karen Shichman Crawford

Three recent district court decisions ' from Minnesota, California and Florida ' have created a division in the federal courts on whether product liability claims against generic pharmaceutical manufacturers are preempted by federal law. An in-depth discussion.

Features

A Multidistrict Litigation Primer Image

A Multidistrict Litigation Primer

Kimberly H. Clancy

Part One of this article discussed the basics of multidistrict litigation. The conclusion herein describes the Judicial panel on Multidistrict Litigation (JPML).

Practice Tip: Internet Market Promotion of FDA-Regulated Products and Product Liability Image

Practice Tip: Internet Market Promotion of FDA-Regulated Products and Product Liability

Alan Minsk

This article focuses on product liability issues, although companies must also consider FDA and state regulatory laws, False Claims Act, competitor complaints and individual liability issues, before initiating Internet promotional programs.

An Economist Defends Against Punitive Damages Image

An Economist Defends Against Punitive Damages

ALM Staff & Law Journal Newsletters

While punitive ' or exemplary ' damages are rarely imposed in product liability matters, they do sometimes occur. One strategy to minimize the risk of a punitive damages award is to present a robust defense against economic-damages claims: Punitive damages are often measured in relation to the economic harm suffered by plaintiffs.

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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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