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On the Move Image

On the Move

ALM Staff & Law Journal Newsletters

Who's going where; who's doing what.

Features

Three for Three Image

Three for Three

Veronique A. Urban & Ted A. Berkowitz

As can be expected, bankruptcy cases often involve numerous claimants holding general unsecured claims against the debtor. As a result, an official committee is usually appointed under Bankruptcy Code section 1102 to represent the interests of all of the debtor's unsecured creditors. Upon approval of the bankruptcy court, Bankruptcy Code section 1103 authorizes the committee to retain attorneys, accountants and other professionals to assist it in performing its services during the course of the bankruptcy'

Features

Equitable Mootness Image

Equitable Mootness

Daniel A. Lowenthal

Equitable mootness is a judge-made remedy that is misnamed, says the author.. Judges apply it to seek an equitable result, but mootness in the constitutional sense is absent.

Concurrent Rights Offerings by Chapter 11 Debtors Image

Concurrent Rights Offerings by Chapter 11 Debtors

Michael H. Torkin & Chiansan Ma

A look at the Section 1145 exemption in relation to a major case.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

The collapse of a UK Bribery case is discussed.

Columns & Departments

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

Analysis of several recent cases.

Features

Brazil Enacts Long-Pending Anti-Corruption Legislation Image

Brazil Enacts Long-Pending Anti-Corruption Legislation

Andrew M. Levine, Bruce E. Yannett, Renata Muzzi Gomes de Almeida, Steven S. Michaels & Ana L. Frischtak

Brazil's Clean Company Law, which imposes corporate civil and administrative liability for bribery of domestic and foreign public officials, is discussed in Part Two of this series.

Features

Criminal Forfeiture Laws Image

Criminal Forfeiture Laws

Robert J. Anello

The government has exercised wide latitude in freezing or seizing assets connected to a charged crime prior to trial.

Features

Bitcoin: With Virtual Currency, Does Virtually Anything Go? Image

Bitcoin: With Virtual Currency, Does Virtually Anything Go?

Laura Grossfield Birger

All about Bitcoin: The problems and the perks.

<i>BREAKING NEWS:</i> Justices Sit Out Internet Retailers' Sales Tax Dispute Image

<i>BREAKING NEWS:</i> Justices Sit Out Internet Retailers' Sales Tax Dispute

Tony Mauro

Intentionally or not, the U.S. Supreme Court chose Cyber Monday to announce it would not slow down the march of states seeking to impose sales taxes on Internet retail purchases.

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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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