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<B><I>Online Exclusive:</b></i> <b>Lexis Practice Advisor Takes on Bankruptcy</b>
May 09, 2012
LexisNexis announced a new Financial Restructuring and Bankruptcy module for Lexis Practice Advisor, a web-based legal content service designed to give transactional lawyers a step-by-step approach to deal with a particular issue.Suzanne Petren Moritz, vice president and managing director of Lexis Practice Advisor, says the new module includes content from leading transactional lawyers in the field such as DLA Piper partner George B. South III; Fried, Frank, Harris, Shriver &amp; Jacobson partner Gary L. Kaplan;'
TOP 5 MYTHS OF ATTORNEY SELLING - Part III.
May 07, 2012
TOP 5 MYTHS OF ATTORNEY SELLING - PART III. Myth # 3 - When it comes to marketing, "One size fits all." News flash: One size never fits all. Marketing should be tailored according to personality, needs of the firm and those of the client. One tactic that works for one attorney won't necessarilly work for another. Tailored business development, sales training and closing skills will land you the client every time. A wide range of strategies are&#133;
SING ME A SONNET
May 07, 2012
When everybody who holds any kind of a responsible job there is making more money than any of them ever dreamed they would, and when they're in an industry in which every competitor would pay anything to hire them away, how do you motivate people? How do you get them to stay, and to produce at the high levels demanded by high tech companies?
Simplifying e-Discovery: A Continuing Trend
April 30, 2012
There were a number of themes in legal technology that I first observed at Legal Tech New York 2012 that I see continuing to grow. A host of new visual messages emerged to collectively announce a new era of legal technology, ranging from simplification and unification to reinvention and collaboration.
ERISA Class Certification in The Wake of Dukes And Amara
April 29, 2012
The U.S. Supreme Court issued two starkly different decisions in 2011 that together will shape (and, indeed, have already shaped) the analysis that courts must employ in determining whether to certify ERISA class actions.
Digital Copiers Don't Forget
April 29, 2012
The measures discussed in this article can help organizations to manage the risks associated with operating in the digital environment. This is important because, in 2012, ignorance of what your copier remembers is no longer a defense.
Seventh Circuit: Reassignment of Disabled Workers Is Not Required
April 29, 2012
The Seventh Circuit recently ruled that the Americans ADA does not require employers to reassign disabled employees to vacant positions for which they are qualified if better qualified candidates apply and it is the employer's "consistent and honest" policy to hire the best qualified applicant.
Guidelines for Maximizing D&O Insurance Coverage for SEC Matters
April 29, 2012
Depending upon policy terms, D&amp;O insurance may pay defense costs incurred in response to various SEC actions, including an informal investigation, a formal order of investigation, a subpoena or an indictment.
Sarbox, Dodd-Frank and Beyond
April 29, 2012
Accelerating globalization of the economy, increasing complexity of financial institutions and markets, and the global financial crisis of 2008-09 have brought us to a regulatory environment that is far broader and more complex than anyone could have foreseen 10 years ago.
Patentable Subject Matter: The Controversy Continues
April 29, 2012
The Federal Circuit's recent opinion in <i>MySpace</i> debates the business method debate by addressing whether ' 101 is a prerequisite in the question of patent validity.

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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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