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Employer Liability for Employee Wrongs Image

Employer Liability for Employee Wrongs

Jeffrey Pittman

Employer knowledge of employee activities opens employers to responsibility for employee misdeeds. Here's why.

The Fallacy of Merger Math Image

The Fallacy of Merger Math

Timothy B. Corcoran

If we were to analyze law firm mergers by plotting client satisfaction on one axis and partner satisfaction on the other, the resulting scatter diagram would reflect a surprising few combinations that were deemed satisfactory after the fact to all parties.

Recent Notable Employment Law Developments Image

Recent Notable Employment Law Developments

J. Ian Downes, Linda Dwoskin, Kate Ericsson, Melissa B. Squire & Jane E. Patullo

Developments in the labor and employment area continue at a rapid pace. Here's a roundup of the latest.

Strategies for Responding to FRCP 30(b)(1) Image

Strategies for Responding to FRCP 30(b)(1)

John C. Eustice

Upon receiving a notice of deposition for an officer, director, or managing agent pursuant to Rule 30(b)(1), an institutional party need not reflexively agree to produce the named individual. Here's why.

Features

When the Tenant Files for Bankruptcy Image

When the Tenant Files for Bankruptcy

Susan Jaffe Roberts

The timing of the filing of a shopping center tenant's bankruptcy filing may be affected by many factors, including, among others, the tenant's liquidity, down turns in sales and secured creditor issues. What happens to the landlord?

Features

Modernizing Lease Forms Image

Modernizing Lease Forms

Daniel W. Finley

This article discusses certain simple methods of improving the visual layout and organization of lease forms to produce a stronger template for future leases.

In the Spotlight: Bankruptcy Stays and Guarantors Image

In the Spotlight: Bankruptcy Stays and Guarantors

Adam Leitman Bailey & Dov Treiman

New York's intermediate appellate court in Brooklyn decided a case bringing to New York law the principle that unless guarantors file for their own independent bankruptcy protection, the protections that bankruptcy brings to a primary debtor do not automatically protect the guarantors. '

Property and Business Loss Insurance: Planning for Nature's Surprises Image

Property and Business Loss Insurance: Planning for Nature's Surprises

Marie A. Moore

Insurance is the best protection for unexpected casualties, and owners need to understand the basic coverages that are now available for both property and business income losses..

Lehman Brothers Green-Lights the Payment Of Committee Members' Professional Fees Image

Lehman Brothers Green-Lights the Payment Of Committee Members' Professional Fees

Todd L. Padnos & Danielle Kennedy

From the largest Chapter 11 case to date, <i>In re Lehman Brothers Holdings Inc., et al</i>., emanates yet another decision of great interest to the restructuring community.

Features

Calling on U.S.Marshals Image

Calling on U.S.Marshals

Nathan Haynes

The U.S. Marshals Service can be utilized as the ultimate enforcer for the United States bankruptcy courts. A look at a recent case where this happened.

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MOST POPULAR STORIES

  • 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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  • Meet the Lawyer Working on Inclusion Rider Language
    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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