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NJ & CT News
August 30, 2012
What's happening in neighboring states.
Equitable Distribution and Hedge Funds
August 30, 2012
There is no "rule of thumb" with respect to the valuation of a hedge fund interest. Hedge funds are complex entities with complex people using complex investment strategies; therefore the valuation of a hedge fund is complex, by nature.
IP News
August 30, 2012
Highlights of the latest intellectual property cases from around the country.
Support Overpayment
August 30, 2012
Over the years, courts have carved out numerous exceptions to the general rule barring recovery of excess support payments. An additional exception that permits recoupment under certain circumstances, is contained in the Family Court Act. So, in some cases, relief for the party who has overpaid may be possible.
Potential New Barrier to Verdicts of Willful Infringement?
August 30, 2012
The question of whether a defendant had willfully infringed a patent has typically been decided by a jury. However, under <i>Bard Peripheral Vascular, Inc. v. W.L. Gore &amp; Assoc.,</i> a judge may now have the exclusive role of determining whether a jury is entitled to decide this question.
Computer-Generated Test Interpretation in Custody Matters
August 30, 2012
When an interpretation of a test result that has implications for one's client is based on a Computer-Generated Test Interpretation (CGTI), be aware that this can open the door to a number of avenues of attack with regard to hearsay and admissibility.
The Battle Rages On: A Report from the Front Line of the Patentable Subject Matter War
August 30, 2012
In July 2012, the Federal Circuit issued two decisions regarding patentable subject matter for computer-implemented business methods, <i>CLS Bank Int'l v. Alice Corp.</i> and <i>Bancorp Services v. Sun Life Assurance Co. of Canada</i>, that vividly demonstrate the conflicting approaches various members of the court apply to this question.
<b><i>Case Study:</i></b> Online Practical Guidance Resource Gives Business Lawyer a Competitive Edge
August 30, 2012
Over the course of recent years, the Internet has made more and more information on best practices, model documents and legal forms available to lawyers. Yet, the challenge has been sorting out the "best in class" advice and up-to-date documents from myriad sources on the Web in a quick and efficient manner.
Case Briefs
August 30, 2012
Highlights of the latest insurance cases from around the country.
First Circuit Raises Troubling Questions
August 30, 2012
The recently published First Circuit opinion in <i>Rosciti v. Insurance Company of the State of Pennsylvania</i>, presents an increasingly common interplay between two somewhat different and often conflicting areas of law &mdash; insurance coverage and bankruptcy.

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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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