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Features

First-Amendment Rights of Solicitors Image

First-Amendment Rights of Solicitors

Stephanie J. Kim

A California Court of Appeal recently affirmed the right of a shopping center owner to limit the First Amendment rights of citizens from being exercised near store entrances.

Features

Guaranty of Leases Image

Guaranty of Leases

John G. Kelly

As a condition to entering into a new lease, landlords often require a guaranty of lease from a personal or corporate guarantor in connection with those tenant entities that do not have either a high enough net worth or annual revenue, or for whatever other reasons do not meet the landlord's financial criteria.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

On Aug. 6, 2015, three additional Swiss banks reached agreements through the DOJ Swiss Bank Program, first announced in 2013.

Features

'Customary Operations' or a Vacant Building? Image

'Customary Operations' or a Vacant Building?

Rebecca A. Moore & Seth A. Schmeeckle

Many times, courts are faced with the question of whether a loss location is "vacant" under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States addressing what is considered "customary operations," thereby rendering the property "vacant.

Features

PA Civil Unions and Domestic Partnerships Image

PA Civil Unions and Domestic Partnerships

Laura Segal

Although same-sex marriages and divorces can now be granted anywhere in the country, there are a few unanswered questions in Pennsylvania regarding how legal relationships between same-sex couples ' that are not marriages ' should be treated.

Features

EU's Antitrust Move Against U.S. Studios Image

EU's Antitrust Move Against U.S. Studios

Amanda Bronstad

The European Commission's (EU) recent decision to file antitrust claims against six major U.S. film studios is an aggressive approach at dismantling how Hollywood does business. Even so, it comes as little surprise to antitrust experts given the regulatory agency's push to unify consumer access to digital products in the European Union.

Features

Mental Health Issues in the Workplace Image

Mental Health Issues in the Workplace

Sarah Wimberly

Many employers seem almost paralyzed by the oft-present fear over whether and how to raise the issue of mental illness with an employee. If the mental illness is having adverse impacts in the workplace, however, not addressing the issue can compound the problem or, in rare circumstances, lead to tragic consequences.

Features

Managing Security Risks During Labor Disputes Image

Managing Security Risks During Labor Disputes

Peter Martin

Every company with union workers faces the risk of a labor dispute. Identifying any business risks and then managing them is a priority for executive decision-makers who must ensure that the company delivers its promises to stockholders, customers, and employees.

Columns & Departments

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters

Cases involving unnecessary tests, and power morcellators.

NLRB General Counsel Shines Guideline Light on Employer Work Rules Image

NLRB General Counsel Shines Guideline Light on Employer Work Rules

Thomas G. Servodidio & Adam Keating

In an effort to "help employers to review their handbooks and other rules, and conform them if necessary, to ensure that they are lawful," the National Labor Relations Board's general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the National Labor Relations Act.

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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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  • Bankruptcy Sales: Finding a Diamond In the Rough
    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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