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Verdicts
June 29, 2012
In-depth analysis of a recent ruling.
Drug & Device News
June 29, 2012
An item of key importance are discussed.
Med Mal News
June 29, 2012
Two recent items of importance.
<i>Hadden</i> and Medicare's 'Full Reimbursement' Rule
June 29, 2012
By adopting a construction of the Act that allows the government to obtain full reimbursement of Medicare payments from a discounted settlement, even if the reimbursement exhausts the settlement, the Sixth Circuit's opinion chills settlement and undermines the efficient use of judicial resources.
Physician Migration and Hospital Captives
June 29, 2012
Modifications to health care delivery are changing at a pace that far exceeds anyone's expectations ' and perhaps exceeds our ability to react and respond in a fashion that protects both provider and patient.
Lost in Translation: Electronic Medical Records, HIPAA and Litigation
June 29, 2012
Health care providers and their attorneys must be aware of the risk management issues created by the cross-requirements of HIPAA and HITECH, including how the electronic medical record (EMR) will be viewed and interpreted in the event of litigation.
Court Orders Target Internet Companies In Trademark Disputes
June 29, 2012
A proposed law to combat digital piracy stalled last year in the face of widespread public opposition, but district courts are embracing its controversial remedies against Internet companies that do business with alleged infringers in trademark cases.
Applying the Internet to the Business of Health Care
June 29, 2012
In recent years, health care analysts and advocates of the Internet have raised expectations for gaining significant cost-savings from applying e-commerce to health care-related activities, including the provision of medical services and for efficient and affordable supply procurement.
$10M Fund Set Up to Settle Facebook Privacy Suit
June 29, 2012
Facebook Inc. and plaintiffs attorneys have agreed to put $10 million into a fund for privacy foundations to settle a proposed class action over the site's "Sponsored Stories" feature, according to court papers.
Using Social Media to Your Advantage in Litigation
June 29, 2012
Social networking sites are not just for social networking. As individuals become more and more comfortable with presenting "private" information to the "public," information posted on social networking sites can provide a rich source of discovery and can be a game-changer in litigation.

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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