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Upcoming Event
April 27, 2012
Cutting-Edge Case Developments in Film & TV Law. New York City, May 18.
Bit Parts
April 27, 2012
Artists' Digital Music Royalty Claims Are an "Open Book Account"<br>German Distribution Deal Isn't an "Injury" Within New York State
In the Marketplace
April 27, 2012
Highlights of the latest equipment leasing news from around the country.
Lease Project Possible Stalemate
April 27, 2012
The latest FASB/IASB Lease Accounting Project meetings on Feb. 28 and 29 had as objectives to change the lessee cost pattern to better reflect the economics (straight-line) and to see if that decision would mean changes to lessor accounting methods that had already been decided.
Cameo Clips
April 27, 2012
COPYRIGHT INFRINGEMENT/STATUTES OF LIMITATIONS<br>FILM ACQUISITIONS/RIGHTS RESERVATIONS
Viacom's Lawyers In the YouTube DMCA Litigation
April 27, 2012
Paul Smith of the Washington, DC, office of Jenner &amp; Block wasn't supposed to be the one standing before a panel of appellate judges last October, trying to convince the U.S. Court of Appeals for the Second Circuit to revive Viacom's $1 billion infringement suit against YouTube and Google.
What's New in the Law
April 27, 2012
Highlights of the latest equipment leasing cases.
Five-Factor Test Applied To Subpoenas Seeking File Sharer Identities
April 27, 2012
Internet service providers have to disclose the names of their subscribers who are accused of using a file-sharing site to copy a pornographic movie, a federal judge ruled in a copyright infringement suit.
How Restoring U.S. Protection to Foreign Copyrights Affects Media Uses
April 27, 2012
Golan's potential fallout, namely, increased pressure on Congress to enact reforms for "orphan works," which are older and more obscure works with minimal commercial value that have copyright owners who are difficult or impossible to track down.
C&J Vantage Leasing Co. v. Wolfe: One Year Later
April 27, 2012
In March 2011, the Iowa Supreme Court sent ripples of concern, if not terror, throughout the equipment lease finance industry with an unprecedented decision refusing to afford finance lease status to a contract between a finance company and a commercial end user, notwithstanding the fact that the parties had expressly agreed to such treatment in their written documents. Fortunately, while the <i>C&amp;J Vantage</i> opinion may have closed a door for equipment finance companies, it opened a window. The decision's mischief-making potential is mitigated by another holding in the same opinion.

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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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