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Features

QDRO or Buyout: Preparing Today for a Secure Tomorrow Image

QDRO or Buyout: Preparing Today for a Secure Tomorrow

Theodore K. Long, Jr.

Some 84 million Americans work for companies that maintain ERISA-covered retirement plans that are divisible by QDROs, which guarantee the non-worker spouse (the non-owner) a share of the pension. Here's what you need to know.

Columns & Departments

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

Analysis of several key rulings.

Features

How Can Employers Protect Their Confidential and Proprietary Information? Image

How Can Employers Protect Their Confidential and Proprietary Information?

Marcia E. Goodman & Lori Zahalka

This article explores the developing law related to employee social media use and its effect on the confidentiality and protectability of employers' trade secrets and other proprietary information.

Are University Football Players Employees? Image

Are University Football Players Employees?

Ellen Shadur Gross & Marc Antonetti

In a move that has surprised many, Chicago-area NLRB Regional Director Peter Sung Ohr has determined that Northwestern University football players who receive grant-in-aid are employees of the University and an appropriate bargaining unit.

Features

The New York Uniform Commercial Code Comes of Age Image

The New York Uniform Commercial Code Comes of Age

Barbara M. Goodstein

Parties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.

Features

Supreme Court Rules on Standing In False Advertising Cases Image

Supreme Court Rules on Standing In False Advertising Cases

Tiffany R. Brown

Until the Supreme Court's recent decision in <i>Lexmark International v. Static Control Components</i>, Inc., courts were divided regarding the proper test to determine whether a plaintiff has standing to bring a false advertising claim under 15 U.S.C. '1125(a). The Supreme Court resolved the circuit split by rejecting the previously applied standards, and created a new, uniform "zone of interests" test.

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

Discussion of a case in which a landlord was not entitled to recover fees.

Features

When Med Mal and Mass Tort Claims Overlap Image

When Med Mal and Mass Tort Claims Overlap

Jonathan B. Acklen

Medical malpractice litigation is often complex, in-depth, and issue-heavy. Mass tort litigation is the same. What happens when those two areas of practice converge during the course of a case?

The Ever Shifting Landscape in Prescription Drug Design Defect Litigation Image

The Ever Shifting Landscape in Prescription Drug Design Defect Litigation

Andrew K. Solow, Evan Anziska & Daniel Meyers

Aside from preemption, it is quite possible that no legal doctrine has caused more angst to both sides of the pharmaceutical product liability bar, and in turn, the courts, than the interplay of negligence versus strict liability and the viability of a design defect claim against manufacturers of FDA-approved prescription drugs.

Features

Lease Accounting Project Image

Lease Accounting Project

William Bosco

Following their recent meetings in March, the FASB and IASB remain at odds on the key issue of how lessees should account for all leases once they are recognized on a balance sheet.

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MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “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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