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'Discovery Rule' Does Not Apply Image

'Discovery Rule' Does Not Apply

Elissa Preheim, Arthur Luk & Arpan Sura

In <i>Gabelli v. Securities and Exchange Commission,</i> the Supreme Court unanimously concluded that Section 2462's limitations period began to run from the date of the alleged misconduct, not from the date the SEC discovered the alleged fraud.

Features

New Litigation Trends Survey Reveals a Rising Tide Image

New Litigation Trends Survey Reveals a Rising Tide

Otway B. Denny

A look at The 9th Annual Litigation Trends Survey, commissioned by Fulbright &amp; Jaworski L.L.P. and conducted during 2012 by an independent research firm.

Features

Outparcels in Retail Projects Image

Outparcels in Retail Projects

Michael Di Geronimo

The key to being able to sell or lease an outparcel successfully may often turn on the care that was taken by the initial developer of the subject project.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Analysis of two key rulings.

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

A look at a recent decision involving the SEC and the "discovery rule.

Features

NY State White Collar Enforcement for the 21st Century Image

NY State White Collar Enforcement for the 21st Century

Daniel R. Alonso & Michael Sachs

Over the last several decades, the federal government moved ahead of New York in attacking the problem of white-collar crime .But now, the state has launched the New York State White Collar Crime Task Force..

A Terrible Trap Image

A Terrible Trap

Jeffrey T. Green

The FAR trap that is buried deep ' is found at 3.1003 and 52.203-13 and is known as the 'mandatory disclosure rule.'

Features

The Federal Prosecutor As Regulator Image

The Federal Prosecutor As Regulator

Ronald H. Levine

In the heavily regulated health care sector, the line between human error and a knowing "false claim" can be indistinct, aided and abetted by prosecutors' reliance on the FCA-defined concepts of "reckless disregard" and "deliberate ignorance" as proxies for proof of actual knowledge.

Features

Litigating Complex Environmental Cases Image

Litigating Complex Environmental Cases

Robert Sidorsky

In a series of recent decisions, the bankruptcy court for the Southern District of New York has broadly interpreted section 502(e)(1)(B) of the Bankruptcy Code in disallowing substantial claims in several contexts.

Features

When Worlds Collide Image

When Worlds Collide

Karen Grande, John Whitlock, Steven B. Smith & Theodore Orson

Until recently, the public finance world simply did not experience significant defaults. Until now. A look at recent litigation.

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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.
    Read More ›