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Features

Payments to Investors in a Securitization Structure Protected from Avoidance Image

Payments to Investors in a Securitization Structure Protected from Avoidance

Shmuel Vasser & Shana White

The Bankruptcy Court for the Northern District of Illinois recently held that payments made to investors in the two-tiered securitization structures commonly employed in commercial CMBS transactions are largely protected from fraudulent or preferential transfer claims by the securities contract safe harbor set forth in Bankruptcy Code section 546(e).

Features

Abercrombie Decision Raises the Bar for Accommodating Employees of Faith Image

Abercrombie Decision Raises the Bar for Accommodating Employees of Faith

Veena Iyer

In early June, the Supreme Court issued its decision in <I>EEOC v. Abercrombie</I>. The case raised the question of whether an employer must have actual knowledge of the religious nature of an employee's practice to be found liable for discrimination under Title VII for denying employment based on that practice. The short answer is no.

Features

Can Cooperation Expose a Company to a Defamation Claim? Image

Can Cooperation Expose a Company to a Defamation Claim?

Jacqueline C. Wolff & Arunabha Bhoumik

A criminal charge or civil enforcement action against a company can be devastating. Charges may, for example, lead to debarment from federal programs ' a corporate death sentence to health care companies and government contractors. But the DOJ, the SEC and other enforcement agencies have long touted the benefits of cooperation for companies under investigation.

Features

Uncovering the Inner 'Intrapreneur' in Law Firms Image

Uncovering the Inner 'Intrapreneur' in Law Firms

Terri Mottershead

One of the most pervasive impacts on law firms is the need for sustained continuous change. Change is never easy. Continuous change is harder and particularly so in conservative profession like law. Here enters the business case for law firm intrapreneur programs!

Features

Understanding and Avoiding Health Care Fraud Enforcement Image

Understanding and Avoiding Health Care Fraud Enforcement

Marilyn May & Victoria M. Wallace

In March 2015, the DOJ and HHS released their annual joint report to Congress on the Health Care Fraud and Abuse Control Program (HCFAC) detailing monetary recoveries, return on investment and enforcement actions for fiscal year (FY) 2014, which ended on Sept. 30, 2014. Herein is a discussion of the report.

Columns & Departments

Med Mal News Image

Med Mal News

ALM Staff & Law Journal Newsletters

Discussion of a case in which the TX Medical Board's restrictions on telemedicine brought on a lawsuit.

Features

Canadian Appellate Court Orders Google To Block Website Worldwide Image

Canadian Appellate Court Orders Google To Block Website Worldwide

Lisa Shuchman

A recent ruling by the Court of Appeal for British Columbia affirmed a lower court decision ordering Google Inc. to block certain websites from its search engine ' not just in British Columbia but worldwide.

How Do You Know When Your Loss Ensues? Image

How Do You Know When Your Loss Ensues?

Benjamin Fleischner, Ann Marie Petrey & Eric Leibowitz

This two-part article provides an overall review of ensuing loss provisions and their application by courts across the United States. In Part One, we discussed, among other things, Specific Exclusions. This month, we continue the discussion about Faulty Workmanship Exclusions.

Features

Take Credit for Your Work: ROI for Marketing Directors Image

Take Credit for Your Work: ROI for Marketing Directors

Spencer X. Smith

How much money should firms spend on marketing? Instead of simply choosing a percentage based on conventional wisdom, this article shows you three simple calculations to use when you're trying to determine how much money your firm should spend on marketing.

<b><i>Social Media Scene:</i></b> Stand Out and Grow Your Firm with This Social Media Routine Image

<b><i>Social Media Scene:</i></b> Stand Out and Grow Your Firm with This Social Media Routine

Stephan Hovnanian

We are in an online economy where traditional marketing tactics are falling short of meeting the expectations of highly mobile users who expect transparency and accessibility from the businesses with which they deal. For law firms, transparency can present some challenges, but accessibility is a challenge your social media presence can overcome with a focused effort on your part.

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    “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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