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Dewey & Leboeuf Partner Contribution Settlement Agreements Seek to Avoid the Long and Winding Road of Law Firm Bankruptcies Image

Dewey & Leboeuf Partner Contribution Settlement Agreements Seek to Avoid the Long and Winding Road of Law Firm Bankruptcies

Steven B. Smith & Joy L. Monahan

This article explores the process by which the key parties-in-interest in this case successfully negotiated the Partner Contribution Settlements or PCPs, the rationale behind Bankruptcy Judge Glenn's approval of the PCPs, as well as some of the issues that the United States District Court for the Southern District of New York is currently considering on appeal.

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<b><i>BREAKING NEWS:</i> </b><b>Hewlett-Packard Claims Autonomy Cooked Books</b> Image

<b><i>BREAKING NEWS:</i> </b><b>Hewlett-Packard Claims Autonomy Cooked Books</b>

Evan Koblentz

Hewlett-Packard Co. said on Nov. 20 that it will take an $8.8 billion write down related to its purchase of Autonomy PLC and alleged that Autonomy executives committed accounting fraud to inflate the company's value during the sale.

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In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

Equipment Finance Industry Compensation Increases for Second Consecutive Year Image

Equipment Finance Industry Compensation Increases for Second Consecutive Year

ALM Staff & Law Journal Newsletters

Sustained economic growth resulted in an increase in compensation among originators in the equipment finance industry in 2011, according to the 2012 Equipment Leasing &amp; Finance Compensation Survey from the Equipment Leasing and Finance Association and the performance reward consulting and benchmarking firm for the financial services sector, McLagan.

Expanding Your Business in an Emerging Market? Image

Expanding Your Business in an Emerging Market?

Adam Schlagman

The opportunities in emerging markets are attractive, but only if your market strategy is carefully executed and monitored.

Leasing Fraud Image

Leasing Fraud

Barbara L. Trencher & Niall O'Hegarty

In its recent decision in <i>SEC v. Apuzzo</i>, the U.S. Court of Appeals for the Second Circuit held that to prevail on a claim of aiding and abetting securities fraud under &sect; 20(e) of the Securities and Exchange Act of 1934, 15 U.S.C. &sect; 78t(e), the Securities and Exchange Commission need not demonstrate that the defendant's conduct proximately caused the primary violation.

A Lease Is a Lease Is a ' Loan? Avoiding Recharacterization Image

A Lease Is a Lease Is a ' Loan? Avoiding Recharacterization

Pamela J. Martinson

This article explores the impact of recharacterization, and discusses the tests developed by courts to determine whether a lease will be considered to be a secured loan. Then, a review of the most recent cases shows the characterization tests in practice.

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

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

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Case Briefs Image

Case Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest insurance cases from around the country.

Features

Avoiding the Excess Layers Image

Avoiding the Excess Layers

William P. Shelley & Samantha Evans

Several courts have recently held that an insured bears the burden of demonstrating proper exhaustion of underlying policies, including where multiple policies are involved in a settlement. These decisions have prevented insureds from accessing millions of dollars in excess coverage based on the unambiguous exhaustion language included in the operative excess policies.

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MOST POPULAR STORIES

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    “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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