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Features

Law, Snakard & Gambill, P.C. Modernizes with Worldox DMS Image

Law, Snakard & Gambill, P.C. Modernizes with Worldox DMS

Ranita Smitherman

It was my responsibility to research alternatives for a new DMS, while also looking into other ways to help modernize our approach to remote access, storage use and security standards. We had old equipment, and a tornado in 2000 had opened my eyes to the need for disaster recovery provisions.

Features

Taming the Beast: Information Management and Governance in a Global Environment Image

Taming the Beast: Information Management and Governance in a Global Environment

Laurie Fischer & Heather Yanak

Part One of this article examined the catalysts motivating companies to take charge of their information and the need to develop a comprehensive information governance approach to support their objectives. This month, we look at policy and procedures development, the role of technology, document disposition, and the importance of change management.

Features

Attorneys as Technologists Image

Attorneys as Technologists

Alison Grounds

With the continued growth in the volume of ESI involved in even the smallest of matters, we made a big decision ' to create Troutman Sanders eMerge, a wholly owned subsidiary of the firm dedicated to consulting, project management, and technology services related to ESI in litigation and internal/governmental investigations.

Features

Computers in Their Pockets Image

Computers in Their Pockets

Eric Killough

Our clients carry in their pockets ' into and out of their homes and offices ' more personal electronic information than most of us held in our desktop machines just a decade ago. Much of this data is personal and irrelevant to litigation, some of it is relevant but harmless, and an unquantifiable amount of it is potentially damning.

Features

Document Exchange Breaches Image

Document Exchange Breaches

Charles Magliato

Think about the last case you handled for your largest client. What would happen if that information was breached or hacked? It is an alarming possibility and one that should rightfully occupy your thoughts.

Features

Is California's 'Good Faith' Franchise Legislation Necessary or Meaningful? Image

Is California's 'Good Faith' Franchise Legislation Necessary or Meaningful?

David L. Cahn

A bill introduced in California's General Assembly and referred to that body's Judiciary Committee on June 10 could provide some increased leverage and protections to existing franchisees, but it may come at a cost to franchising as a method of expanding brands and providing opportunities.

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

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

Columns & Departments

Case Briefs Image

Case Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest insurance cases from around the country.

Features

Valuing Plaintiff's Recoverable Damages Image

Valuing Plaintiff's Recoverable Damages

Darren S. Teshima

What happens when a responsible party settles a subrogation claim for less than the amount of benefits paid by the insurer? Can the party then offset a damages award by the full amount of the subrogation claim, and in so doing, potentially pay less than the full amount of the damages it caused?

As the Waves of Superstorms Recede, States Seek to Amend Insurance Laws Image

As the Waves of Superstorms Recede, States Seek to Amend Insurance Laws

Elizabeth Ahlstrand

Superstorms have caused tremendous property damage and, as citizens continue to rebuild, legislatures in the affected areas are responding.

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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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    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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