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Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Home Renovation Service Fails to Establish Claims Against Reality TV Show Producers<br>Owner of Original Woodstock Site Loses Equal Protection Suit<br>TV Show Appearance Release Bars Doctor's Suit over <i>Mob Wives</i>

Information Sharing Between Insurers and Policyholders When Claim Uncertainty Exists Image

Information Sharing Between Insurers and Policyholders When Claim Uncertainty Exists

Matthew L. Jacobs & Elliot S. Tarloff

Once a policyholder tenders a claim, an insurer is likely to request information and documentation from that policyholder about the underlying event, circumstance, occurrence or claim. The insured, however, may have legitimate concerns that sharing such information could result in the inadvertent waiver of evidentiary privileges and protections as to the insurer and third parties, or an adverse coverage determination.

Features

<b><i>Voice of the Client:</i></b> Business Development Program Best Practices: Business Intelligence Image

<b><i>Voice of the Client:</i></b> Business Development Program Best Practices: Business Intelligence

Bruce Alltop

Law firms are ever-so-slowly starting to incorporate "key account planning," a critical element in any successful strategic go-to-market strategy and/or best-in-class business development program is "business intelligence."

How Do You Know When Your Loss Ensues? Image

How Do You Know When Your Loss Ensues?

Benjamin Fleischner, Ann Marie Petrey & Eric Leibowitz

The effect an ensuing loss provision is that ensuing losses stemming from uncovered events will be covered, as long as such losses would otherwise be covered under the policy. Consequently, an understanding of the provision is vital to commercial property landlords and tenants.

No Contract Breach In YouTube Removal Of Music Video Image

No Contract Breach In YouTube Removal Of Music Video

Marisa Kendall

Lawyers for YouTube beat back a breach of contract suit over its removal of a reggae music video, by persuading a federal judge that YouTube's user agreement gives the company broad discretion to take down whatever material it sees fit.

Case Briefs Image

Case Briefs

Laura A. Foggan, Edward R. Brown & Jessica Cunningham Lim

In-depth discussion of recent key rulings.

Enforceability of Co-Tenancy Remedies Image

Enforceability of Co-Tenancy Remedies

M. Rosie Rees & Stephanie J. Kim

On Jan. 12, 2015, a California Court of Appeal held unenforceable a co-tenancy provision in a retail lease that allowed the tenant to accept possession of the premises but thereafter have no obligation to pay rent or open for business, even though the provision had been negotiated by two sophisticated parties with leasing expertise.

Features

Get a (Law) Firm Grip on Data Breaches Image

Get a (Law) Firm Grip on Data Breaches

David Ray & Reggie Pool

This article describes some of the reasons law firms are cyber-attack targets, steps they can take to reduce their risk, and what clients are doing to encourage law firms in those efforts.

Features

When a Factor Has Not Approved Orders Image

When a Factor Has Not Approved Orders

Benjamin Seigel

Even though a seller's reclamation rights may find their underpinnings in the common law and in the UCC, there are strict limitations on the seller's reclamation rights under the Bankruptcy Code.

Features

Custody Litigation: A Psychologist Discusses a Broken System Image

Custody Litigation: A Psychologist Discusses a Broken System

David A. Martindale

This article focuses on evaluators and judges who accept work that, by an objective and reasonable standard, is unacceptable.

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MOST POPULAR STORIES

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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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