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Eminent Domain Law
June 27, 2012
A look at <i>Matter of Village of Port Chester v. Bologna</i>.
Development
June 27, 2012
In-depth analysis of an important ruling.
Cooperatives & Condominiums
June 27, 2012
A key case is disussed.
When Is a Tenant Excused from Failure to Timely Exercise a Renewal Option?
June 27, 2012
Suppose a lease gives a tenant an option to renew, but requires that the option be exercised by a specified date. What happens when the tenant exercises the option after the specified date?
Litigation
June 27, 2012
Review of a pivotal case.
Formulaic Maintenance
June 27, 2012
If Harry and Sally had not married but instead entered into a real partnership, say a law practice, and then dissolved it, what court would take seriously a claim by Harry that Sally should have to support him into the future simply because she earns more money than he did?
Hedge Fund Valuation in Connection with Equitable Distribution
June 27, 2012
Hedge fund valuation presents several challenges in the field of business valuation for the purposes of equitable distribution.
A Lasting Peace in Mass Torts
June 27, 2012
Mass tort claims can create a tremendous financial and legal burden on a company. In-house counsel recommending settlement of a mass tort to company management, often at significant cost, must be confident that the settlement will buy a lasting and comprehensive peace. There are several key negotiating points that can help in-house counsel achieve such finality.
Off-Label Communications
June 27, 2012
While the FDA has had a long-standing policy of permitting drug, biologics, and medical device companies to respond to unsolicited requests for information about off-label use of their products, there has been significant discussion over what constitutes "unsolicited" in this context.
Practice Tip: Federal Jurisdiction and Venue
June 27, 2012
With little fanfare or forewarning, the Federal Courts Jurisdiction and Venue Clarification Act of 2011 became effective Jan. 6, 2012. Signed into law on Dec. 7, 2011, the Act reforms or clarifies removal procedures, diversity jurisdiction, and federal venue.

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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