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Features

<b><i>At the Intersection:</i></b> Taking the Plunge Image

<b><i>At the Intersection:</i></b> Taking the Plunge

Pamela Woldow

So you're thinking about diving into the election for Managing Partner? Before you throw your hat into the firm's MP selection process, now is the time to pause and reflect on your motivations and incentives for what is bound to be a significant shift in role, responsibility, stature, and quality of life for at least a few years.

IP Licenses In Bankruptcy Image

IP Licenses In Bankruptcy

Timothy W. Walsh, Gregory Kopacz & Darren Azman

When a licensor hits the skids, a licensee's two primary concerns should include: 1) whether the protections afforded by Bankruptcy Code section 365(n) are available if the debtor-licensor rejects the license; and 2) protecting its rights if the debtor-licensor seeks to sell the intellectual property. .

Features

Court of Appeals Authorizes Class Action to Recover Rent Overcharges Image

Court of Appeals Authorizes Class Action to Recover Rent Overcharges

Stewart E. Sterk

Does Rent Stabilization Law section 26-516, which entitles tenants to treble damages for most rent overcharges, constitute a "penalty" within the meaning of CPLR 901(b)? The Court of Appeals recently addressed that question.

Features

Why Social Media Should Not Be Ignored Image

Why Social Media Should Not Be Ignored

Susan Carol, Darron Markwood & Byron Saintsing

At the annual Equipment Leasing and Finance Association's (ELFA) Convention this past October, the social media panel discussion was surprisingly well attended. Such interest was unexpected because there are many industry executives who still don't see the value of including social media in their business communications mix. But, they should not ignore it, and this article will explain why.

Features

Recent NLRB Actions Force Employers to Change Established Policies and Practices Image

Recent NLRB Actions Force Employers to Change Established Policies and Practices

E. Fredrick Preis, Jr., Joseph R. Hugg, Rachael Jeanfreau, & Rachael Coe

This article highlights recent NLRB decisions and actions that have broadened the scope of employees' rights under Section 7 of the National Labor Relations Act (NLRA), summarizes the December 2014 final rule changing the representation election process, and provides an update on the court decisions in the <I>Noel Canning</I> case, which cast doubt on some recent NLRB actions.

Features

<b><i>Sales Speak:</i></b> Asking for Business Image

<b><i>Sales Speak:</i></b> Asking for Business

Kimberly Alford Rice

Given the reality that law schools, for the most part, do not adequately prepare lawyers to engage in the business of law (including sales), it is no wonder why the fear of directly asking for new business is an obstacle for many lawyers.

Features

Eliminating eDiscovery Redundancy Image

Eliminating eDiscovery Redundancy

Eliot Davidoff

In-house and external legal teams are grappling with the collection, processing and review of ever-growing data volumes, and costs that increase in parallel. Most participants also expected a continued upward trend in e-discovery data volume over the next few years.

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

Discussion and analysis of several key cases.

Features

Practice Tip: The Business Judgment Rule As Applied to Matrimonial Matters Image

Practice Tip: The Business Judgment Rule As Applied to Matrimonial Matters

Laurence J. Cutler & Gregory D.R. Behringer

An in-depth explanation of the Business Judgment Rule as applied to family law.

Features

Is Band's Name Too Offensive For Trademark Approval? Image

Is Band's Name Too Offensive For Trademark Approval?

Scott Graham

Offensive band names are a staple of rock music. Rock fans of a certain age will remember The Dead Kennedys of punk rock fame. The Butthole Surfers, Pussy Galore and Dying Fetus developed substantial followings despite, or because of, their outrageous names. Oregon dance rock band The Slants is another that seems determined to provoke.

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MOST POPULAR STORIES

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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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    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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