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Successful Mediation Tactics and Strategies
May 31, 2012
A session at the International Franchise Association's 45th Annual Legal Symposium on May 20-22 in Washington, DC, addressed the key issues that franchise attorneys should consider prior to and during a mediation.
Managing 'Perfect Storm' Litigation for a Franchise System
May 31, 2012
A franchise system may find itself in a no-win situation in which all potential solutions or avenues of escape lead to a result that is tantamount to death of the system: bankruptcy, closure of the system, or a dramatic change in the system's business and sources of revenue. This article provides 10 litigation management measures that outside counsel and the system should take to manage perfect storm litigation.
Individual Tax and Estate Planning for Lawyers
May 30, 2012
President Obama's proposed budget for fiscal year 2013 includes a number of provisions that would impact individual taxpayers, especially partners in law firms and other high'net-worth lawyers.
IP News
May 30, 2012
Highlights of the latest intellectual property news from around the country.
Intervening Rights Only Arise During Re-examination When a Claim Has Been Amended or Added
May 30, 2012
In <i>Marine Polymer Tech., Inc. v. HemCon, Inc.</i>, No. 2010-1549, 2012 WL 858700 (Fed. Cir. March 15, 2012), a majority found that intervening rights only arise as a result of re-examination when a claim has been amended or added during the re-examination, even though the issue was not considered below.
Damages Soar from False Advertising About Skydiving
May 30, 2012
In March 2012, the Ninth Circuit in <i>Skydive Arizona, Inc. v. Quattrocchi, et al.</i> upheld a $6.6 million judgment for trademark infringement, false advertising, and cybersquatting, while overturning the district court's doubling of actual damages. The opinion succinctly outlines appellate review standards while offering insights into how to prove a Lanham Act and cybersquatting case.
Federal Circuit Unravels Aventis' Tangled Web in Affirming Inequitable Conduct Finding
May 30, 2012
At the time of the <i>Therasense</i> decision there was some question as to just how stringently the Federal Circuit would adhere to the nominal standards for common law fraud. <i>Aventis Pharma S.A. v. Hospira, Inc.</i> appears to answer that question for both patent prosecutors and litigators.
Case Briefs
May 30, 2012
Highlights of the latest insurance cases from around the country.
From Baby-Sitting to Child Custody: When Is a Person 'In Your Care' for Purposes of Homeowner's Coverage?
May 30, 2012
In the absence of a definition, courts have divided over whether the phrase "in your care" is ambiguous and should be read in favor of the insured and coverage, or according to its plain meaning as applied to the specific facts at issue.
Duty to Defend: Johnson Controls' Attempt to Turn Excess Insurance into Primary Insurance
May 30, 2012
On April 2, 2012, Johnson Controls and certain of its excess insurers filed simultaneous motions for summary judgment on the duty to defend issue in the Milwaukee County circuit court. The outcome of these motions will be of great interest to insurers since Johnson Controls is seeking to fundamentally change the role and function of excess insurance.

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  • 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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