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IP Protection May Promote Additional Franchise Growth in Africa
August 30, 2012
Recent flurries of activity in Africa's franchisor sector indicate that franchisors continue to see Africa as an increasingly attractive market for expanding their brands. However, further developments in the protection of an investor's intellectual property will be vital for continued foreign investment on the continent.
Making Your Merger a Success
August 29, 2012
This article is a compendium of the author's 30 years' experience in law firm consulting and specifically law firm mergers.
Understanding Landlords' 'Self-Help' Rights
August 29, 2012
Most states have established summary eviction proceedings which, in theory, provide landlords with a more efficient and expedient method of retaking possession than traditional civil litigation.
In the Spotlight: The Rule Against Perpetuities
August 29, 2012
Variations in the Rule Against Perpetuities ("the Rule") exist as to when and if the Rule applies to preemptive rights, options to purchase and lease renewal options, and the law continues to evolve.
Special Issues in Retail Leasing
August 29, 2012
This article discusses three unique jurisdictional issues relating to remedies, enforceability, and transferability, and explores the positions asserted by both landlords and tenants.
Business Crimes Hotline
August 29, 2012
More about sentencing in the FCPA Sting trial described in the lead article in this issue.
In the Courts
August 29, 2012
Analysis of recent important rulings.
The Indian Supreme Court's 2G Ruling
August 29, 2012
The importance of due diligence and anti-bribery compliance programs when companies conduct business in countries that historically present a greater risk of corruption.
Forfeiture: A Primer on Proceeds
August 29, 2012
The U.S. Court of Appeals for the Second Circuit has become the second court of appeals to reject the government's broad interpretation of the statute defining "proceeds" for purposes of federal forfeiture proceedings.
FCPA: Were the Sting Trials Doomed from the Start?
August 29, 2012
The authors had a front-row seat to the challenges the government faced in the FCPA Sting trials ' they represented a client in the second trial.

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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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