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In the Courts
June 28, 2012
In-depth analysis of a key ruling.
Business Crimes Hotline
June 28, 2012
A major national case is discussed.
Increased Fraud Penalties Are on the Horizon
June 28, 2012
The guidelines governing the sentencing of fraud offenses ' long criticized as irrational, unduly severe, and the product of overt political pressure ' require wholesale reform.
To Disclose or Not to Disclose
June 28, 2012
Whether to self-report serious misconduct is a complicated question that requires investigating the facts and assessing legal, business and reputation implications. Following are critical issues to consider with outside counsel and other professional advisers before making a decision.
<b><i>BREAKING NEWS:</b></i> Supreme Court Upholds Health Care Law
June 28, 2012
In a stunning victory for the Obama administration, the U.S. Supreme Court on June 29 upheld the centerpiece of the nation's new health care law ' the so-called individual mandate to buy insurance ' as a constitutional exercise of Congress' taxing authority.
Third Parties: The Achilles' Heel of FCPA Compliance
June 28, 2012
The alleged use of third-party intermediaries to pay bribes to foreign government officials soared from 42% of FCPA enforcement actions in 2005 to 100% in 2011. Nevertheless, some companies may not be adapting their FCPA compliance programs quickly enough.
How to Gain and Exert More Influence in the 'New Normal'
June 28, 2012
Ways that a leader at any level can directly influence the climate for high performance and creativity/innovation in an organization.
The E.U. Data Protection Law
June 28, 2012
What it takes to do business in a E.U. Member State, and why you need to know.
IRS Tax Exams in the Legal Industry
June 28, 2012
Ever wonder what the IRS looks for when auditing tax returns of law firms and their owners? Here are the answers.
Decisions of Interest
June 28, 2012
Recent rulings of importance to you and your practice.

MOST POPULAR STORIES

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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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