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Features

Hidden 'Time' Bombs in White-Collar Criminal Matters Image

Hidden 'Time' Bombs in White-Collar Criminal Matters

Robert J. Anello & Justin Roller

<b><i>Part One of a Two-Part Article</b></i><p>What was once perceived as a straightforward limitation on the government's significant enforcement powers has become obscured by statutes and court interpretations that tend to elongate the period for the government to act in ways that often are not transparent to even experienced criminal practitioners.

Features

As You Are Taking Care of Business, Are you Taking Care of You? Image

As You Are Taking Care of Business, Are you Taking Care of You?

Kimberly Rice & Damien Smith

The daily demands and vast portfolio responsibilities of a legal marketer are weighty and, in too many instances, never ending. The highly charged, rigorous, deadline-driven culture of “more is more” stands in drastic contrast to a well-balanced body-mind-spirit experience.

Features

When Intelligent Design Is Better Than Evolution Image

When Intelligent Design Is Better Than Evolution

Joel A. Rose

<b><i>Strong Hands-on Leadership is Crucial in Today's Competitive Practice Environment</b></i><p>A financially and professionally successful law firm does not simply evolve. It must be built in an orderly and systematic manner. The values important to a firm have to be identified, defined, organized and centrally placed. The responsibility for achieving these goals must be keyed to an organizational factor. Whether this is a committee or an individual, ultimately someone must be responsible.

Features

Cost Recovery in 2018: Predicting Winners and Losers Image

Cost Recovery in 2018: Predicting Winners and Losers

Rob Mattern

Back in March of this year, we predicted changes and trends the results of the 2018 Mattern Cost Recovery Survey would reveal. At that time, we got our…

Features

State Attorney-Client Privilege Rule Incorporated into Federal Law Image

State Attorney-Client Privilege Rule Incorporated into Federal Law

Robert J. Stearn, Jr., Cory D. Kandestin & Christopher M. De Lillo

<b><i>Delaware Bankruptcy Court Protects Communications with Financial Professionals Originating in Delaware</b></i><p>Because state law applies at the time a transaction is negotiated, the parties might assume — reasonably so — that state privilege law will govern communications with their attorneys and financial professionals. But what happens if, years later, a suit is filed in federal court and brings claims under federal law? Does state privilege law still apply?

Features

New Development Projects: The Reports of Demise Were Greatly Exaggerated Image

New Development Projects: The Reports of Demise Were Greatly Exaggerated

Michael R. Leighton

Numerous shopping center developers use a “layer-cake” of financing, including state and federal tax incentives to reduce the costs of debt and equity financing. The industry correctly saw that the market value of the credits would drop once the Jobs Act become effective. Such tax cut could undoubtedly impact the ability of developers to raise equity, certainly for new projects not yet placed in service.

Features

'Digital Dive:' How to Use Reverse SEO to Suppress Negative Content in Search Engines Image

'Digital Dive:' How to Use Reverse SEO to Suppress Negative Content in Search Engines

Marguerita Cheng

Reverse SEO is part of a firm's online reputation management strategy that suppresses negative content such as bad service reviews in search engines so that potential clients and partner companies will have difficulty finding it.

Features

<i>Commentary:</i> Amended Opinion No Cause for Alarm in 'Blurred Lines' Case Outcome Image

<i>Commentary:</i> Amended Opinion No Cause for Alarm in 'Blurred Lines' Case Outcome

Robert J. Bernstein & Robert W. Clarida

Over the summer, a divided panel of the Ninth Circuit affirmed the denial of a new trial motion and an order denying rehearing <i>en banc</i> in <i>Williams v. Gaye.</i> We now consider whether the final affirmance of the jury verdict in favor of Marvin Gaye's heirs is likely to wreak havoc on musical creativity as some, including the dissent, have argued. For us, the short answer is no.

Features

Acquisition of Claims for Plan Control Image

Acquisition of Claims for Plan Control

Jeff J. Friedman

The United States Court of Appeals for the Ninth Circuit recently provided additional guidance to creditors seeking to block confirmation of a plan by…

Columns & Departments

Cooperatives & Condominiums Image

Cooperatives & Condominiums

ssalkin

Assignment of Right to Purchase Held Not Fraudulent

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MOST POPULAR STORIES

  • 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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    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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