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Features

Opt-Out Incentives: The Ins and Outs Image

Opt-Out Incentives: The Ins and Outs

Julia M. Vander Weele

As annual open enrollment season approaches, many employers may be evaluating ways in which to control rising health plan costs. One strategy frequently considered is a financial incentive for employees to waive or opt out of the employer-sponsored group health coverage.

Features

Third Circuit Defines 'Received' for Section 503(B)(9) Claims Image

Third Circuit Defines 'Received' for Section 503(B)(9) Claims

Anthony Michael Sabino

In <I>Haining Wansheng Sofa Co., Ltd. v. World Imports, Ltd. (In re World Imports, Ltd.</I>), the Third Circuit firmly declared that "received" in Section 503(b)(9) connotes actual physical custody of the goods by the debtor. This turnabout in the interpretation of the meaning of "received" is a significant development, given that such claims frequently arise in business bankruptcies.

Features

Developing Brownfields Image

Developing Brownfields

Paul M. Schmidt

This article examines some of the key aspects of desirability and viability that are working together to make Brownfield redevelopment increasingly attractive in today's real estate market.

Features

What Do Practice Group Leaders Really Do? Image

What Do Practice Group Leaders Really Do?

Joel A. Rose

<b><I>Part One of a Two-Part Article</I></b><p>Managing partners and members of executive committees in the most successful law firms strongly support the concept of having Practice Group Leaders (PGLs) assume a major role in their firms' efforts. Here's why.

Features

Books Rights Win For Daughter of Steinbeck's Widow Image

Books Rights Win For Daughter of Steinbeck's Widow

Ben Hancock

Susan Kohlmann, managing partner of Jenner & Block's New York office, has secured a shutout win for the stepdaughter of John Steinbeck in the latest installment of a long-running legal feud over book rights that has divided the late author's progeny.

Features

New Sources of Discoverable Evidence Image

New Sources of Discoverable Evidence

Michael Ciaramitaro

<b><I>Part One of a Two-Part Article</I></b><p>Personal assistants, fitness trackers, and automotive black boxes are among the devices whose data and metadata may have big impact in legal cases. Here's why.

Features

<b><I>Escobar's</I></b> Effect on False Claims Act <b><I>Qui Tam</I></b> Actions Image

<b><I>Escobar's</I></b> Effect on False Claims Act <b><I>Qui Tam</I></b> Actions

Danielle Corcione, Daniel Wenner, Robert Marasco & Jennifer Mitchell

The Supreme Court, in <I>Universal Health Servs., Inc. v. United States ex rel. Escobar</I>, altered the landscape for FCA litigation. In this case, the Supreme Court instructed lower courts to scrutinize the materiality of the false statements to the government's decision to pay a claim; in doing so, the Court raised the bar for successful prosecution of <I>qui tam</I> claims.

Features

Defamation and the Disgruntled Defendant Image

Defamation and the Disgruntled Defendant

Janice G. Inman

<b><I>Part One of a Two-Part Article</I></b><p>Analysis of a recent case in which a company, publicly accused by a plaintiff's lawyers of using non-FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys. The decision in the appeal offers some insights into what kinds of allegations may be publicized, and in what circumstances, when a product liability charge is brought.

Features

The Equal Pay Act Image

The Equal Pay Act

Robert G. Brody & Lindsay M. Rinehart

With the trend among cities and states moving toward closing the gender wage equality gap, the question remains: What was the U.S. Court of Appeals for the Ninth Circuit thinking this April when it decided <I>Rizo v. Yovino?</I>

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ljnstaff & Law Journal Newsletters

A look at two interesting cases.

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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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