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Features

Analyzing Child Custody Reports Image

Analyzing Child Custody Reports

Jeffrey P. Wittmann, David A. Martindale & Timothy M. Tippins

This is the third installment of a four-part series offering a model for attorneys to use when faced with the task of analyzing a custody assessment.

Features

Is It a 'Cyberattack' or a 'Data-Breach Incident'? Image

Is It a 'Cyberattack' or a 'Data-Breach Incident'?

Mark Mermelstein, Antony Kim & Robert Uriarte

This article goes beyond the nuts and bolts of how to respond to a data-breach incident, and offers some lessons learned from the frontlines of the cybersecurity war to help companies successfully navigate the legal and public-relations minefield that ensues.

When Is Equity Value Really Zero? Image

When Is Equity Value Really Zero?

Rob Schlegel & Randy Sweeten

In the past few years, we have seen several of our valuation assignments conclude with "zero value," which is hardly pleasing. Not only is this type of opinion stressful, it also contributes to expert and attorney fees where fee containment may be one of the underlying objectives of the clients.

Columns & Departments

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

Expert analysis of two major rulings.

Features

Is Exoneree's Ex-Wife Entitled to Compensation? Image

Is Exoneree's Ex-Wife Entitled to Compensation?

John Council

Steven Phillips spent 25 years in a Texas prison for a crime he did not commit, a miscarriage of justice for which the state of Texas compensated him with millions of dollars. And he will not have to pay $114,459.50 of that money to his ex-wife, thanks to a recent ruling.

Features

New Jersey Manufacturers and Punitive Damages Image

New Jersey Manufacturers and Punitive Damages

Janice Inman

The state of New Jersey is home to the headquarters of 17 of the the top 20 drug-producing companies in the world. An incentive for pharmaceuticals manufacturers to move to or stay in New Jersey is surely its business-friendly laws. One such law has been at the center of several litigations nationwide, as New Jersey drug manufacturers try to export to other states the favorable treatment they receive in their home state.

Features

Corporate Successorship: What You Don't Know Could Cost You Image

Corporate Successorship: What You Don't Know Could Cost You

Jennifer R. Devery & Rachel Gart

A corporate successor's right to coverage under a predecessor's policy is not a foregone conclusion. Thus, to protect against paying claims in error, an insurer's first line of defense is awareness of the issues.

Features

Supreme Court Rules Against Aereo Image

Supreme Court Rules Against Aereo

J. Alexander Lawrence

In <i>ABC v. Aereo</i>, the U.S. Supreme Court reversed the Second Circuit's holding that Aereo did not directly infringe the copyright owners' public performance rights through the operation of the "Watch Now" function of its service.

Features

Supreme Court Upholds Lanham Act Claim in Juice Wars Image

Supreme Court Upholds Lanham Act Claim in Juice Wars

Kyle-Beth Hilfer

Pomegranate juice is the subject of an intense legal battle between POM Wonderful and Coca-Cola Co. In its Lanham Act challenge, POM alleges that Coke's juice product's name, label, marketing and advertising mislead consumers into thinking the product is mostly a pomegranate and blueberry juice when it in fact is mostly apple and grape juice.

The Co-Tenancy Clause Image

The Co-Tenancy Clause

Seth A. Fersko

After <i>Kleban v. Ann Taylor</i>, when a mall or shopping center landlord is marketing space and offers a potential retail tenant a co-tenancy provision, the most applicable legal maxim is <i>caveat venditor</i>, let the seller beware. Landlords can suffer great unintended consequences from a co-tenancy clause that is negotiated as an accommodation to get a tenant into the space and then explodes years later.

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MOST POPULAR STORIES

  • 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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