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Verdicts
August 30, 2012
Analysis of a recent key decision.
Drug & Device News
August 30, 2012
A look at recent items of interest to you and your practice.
Med Mal News
August 30, 2012
Two items of interest.
Reducing Med-Mal Litigation
August 30, 2012
A look at legal reforms that are and are not reducing med-mal lawsuits.
The IP Exclusion: The Elephant in the Room
August 30, 2012
So-called Intellectual Property exclusions in commercial general liability ("GL") insurance policies have received relatively little attention from the courts. However, the ubiquity of new advertising technologies, recent appellate decisions confirming GL "personal and advertising injury" coverage for patent claims, and new claims that policyholders are facing for alleged electronic invasions of privacy may well turn the IP exclusion into the proverbial "elephant in the room.
Overcoming Barriers to Technology-Assisted Review
August 30, 2012
Recent matters have pushed the topic of technology assisted review (TAR) into the judicial limelight, generating much discussion ' and confusion ' in the legal community.
When Technology Meets Process
August 30, 2012
Applying technology to an inefficient process will give you a net gain of zero. Throwing technology at a problem without first looking at the process will rarely fix it. In fact, it may exacerbate the problem by adding another layer of complexity to existing process challenges.
Pay-for-Delay Contracts
August 30, 2012
The Third Circuit has determined that, when a patent-holding drug manufacturer makes payments to potential generic competitors to keep them out of the marketplace, that fact alone serves as <i>prima facie</i> evidence of violation of U.S. antitrust laws.
Technological Advancements in e-Discovery
August 30, 2012
Even as the e-discovery market matures, we continue to see change driven by shifting economic conditions, the proliferation of data sources such as social media and cloud computing, and evolving legal standards. In response to these challenges, e-discovery vendors are developing solutions that are poised to shape the direction of the market. As legal and IT professionals, it is our duty to keep up with the ever-changing landscape of e-discovery technologies.
Is There a Proctor in the House?
August 30, 2012
Proctoring by experienced surgeons is a common and increasingly frequent method to credential surgeons for hospital privileges or those who are new to laproscopic or robotic procedures. But what are the legal pitfalls?

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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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