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The Valuation of Inventory
June 26, 2012
This article is the fourth installment in an ongoing series focusing on accounting and financial matters for corporate counsel.
Shareholder Meetings
June 26, 2012
The night before a company's annual shareholder meeting probably isn't the best time for executives to start getting ready for potential questions from investors. This article provides a list of what company execs should know about what shareholders want to know.
Captive Insurance Considerations for Franchises
June 25, 2012
Forming a captive insurance company provides a number of unique advantages to franchisors and groups of franchisees, starting with reduced premiums. Quite possibly the most significant advantage of the captive insurance model, especially for franchisees, is the ability to protect against liabilities that would otherwise be difficult to insure.
Establishing Ambiguity of Policy Language
June 25, 2012
Traditionally, ambiguity in policy language was assessed by considering only the "four corners" of the contract. However, some jurisdictions now adhere to a "modern view" that allows extrinsic evidence to be considered in establishing contractual ambiguity. This article provides an overview of these approaches and offers a case study representing each method.
Excess Policy Attachment: Policy Language Prevails
June 25, 2012
There is now a clear trend by courts to enforce the unambiguous attachment language in excess policies (which historically required payment by the underlying insurers of the full amount of the underlying limit as a condition to liability attaching to the excess policy). Those recent cases and their impact on future claims are summarized in this article.
News Briefs
June 25, 2012
Highlights of the latest franchising news from around the country.
Court Watch
June 25, 2012
Highlights of the latest franchising cases from around the country.
Captive Insurance Considerations for Franchises
June 25, 2012
Forming a captive insurance company provides a number of unique advantages to franchisors and groups of franchisees, starting with reduced premiums. Quite possibly the most significant advantage of the captive insurance model, especially for franchisees, is the ability to protect against liabilities that would otherwise be difficult to insure.
Foreign Corrupt Practices Act Presents New Risk for Franchisors
June 25, 2012
No U.S. franchisor has faced an action brought against it under the Foreign Corrupt Practices Act, a 35-year-old law that prohibits U.S. firms and individuals from bribing foreign government officials. But that is just a matter of time.
Movers & Shakers
June 25, 2012
Who's doing what; who's going where.

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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