Columns & Departments
Landlord & Tenant
In-depth commentary and analysis of two rulings.
In the Courts
Analysis of a decision in which the D.C. Circuit ruled on attorney-client privilege protections for corporate internal Investigations
Features
<b><i>Suing Led Zeppelin</b></i> Can a Copyright Infringement Plaintiff Rewrite Rock and Roll History?
This article examines the allegations of Spirit that Led Zeppelin copied the introductory descending guitar figure in "Stairway to Heaven" from its 1968 instrumental, explains why the suit is not stale despite being brought 42 years after the release of "Stairway," and discusses the challenges that the plaintiff must overcome if he is to prevail in the litigation.
Rainmaker or Hostage Taker?
Despite a surge in articles, blogs and white papers that focus on top trends in law firm business development and management, few have explored critical changes taking place within law firm management, particularly as they relate to the concept of the rainmaker.
Features
Further Precedent Supporting the Retention of CROs
A recent decision in the United States Bankruptcy Court for the Central District of Illinois is part of a growing trend of opinions and orders around the country allowing a debtor to retain a chief restructuring officer (CRO) under sections 105(a) and 363(b) of the Bankruptcy Code, rather than section 327(a) of the Bankruptcy Code.
Features
Alternative Secretarial Approaches to Legal Support
Most law firms above 100 to 150 attorneys outsource many of their basic services. Mail, messenger, records and photocopy staff are now commonly supplied by a group of national and regional vendors. However, one key service that is not supplied by any vendor ' and in most of our individual business case analysis proved to be one of the most inefficient services that law firms supplied ' was that of secretarial support.
Features
Coverage for Communications Costs
In complex litigation, public perceptions of the parties and the facts can have a significant effect on the ultimate size of the defendant's liability. For example, an early and compelling public recitation of facts favorable to the defense may dissuade some potential plaintiffs from joining the litigation.
Features
Quick Tips for Rankings Success
Being singled out by one of the research-based legal rankings or directories can be a big client booster, whether it's a practice area or individual lawyers that are recognized. Here are some tips for making the cut.
Columns & Departments
Bit Parts
Arbitration Provision Read Into SAG-AFTRA Limited Exhibition Agreement<br>DVD Cover Photo Included In News Reporting Was Fair Use
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- Private Equity Valuation: A Significant DecisionInsiders (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.Read More ›
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- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›