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When Can Brand Owners Demand 'Show Me the Money'?
April 27, 2012
Solely because of a technical amendment to the Federal Trademark Dilution Act to ensure that damages for dilution are only available when a defendant acts in bad faith, damages previously not available in an ordinary infringement case are now available.
Case Notes
April 27, 2012
Analysis of a recent case of note.
When Settlement Is the Best Option
April 27, 2012
Too many defense counsel and their clients fixate on the early stages of the client's reaction to a product liability lawsuit ' denial or anger. They do so without evaluating the final stage ' acceptance
Practice Tip: Dead in the Water?
April 27, 2012
The admissibility of a coroner's or medical examiner's conclusions should not be assumed, because their conclusions may not satisfy the <i>Daubert</i> or applicable state court standard.
Eliminating 'Phantom Damages'
April 27, 2012
Lawyers who represent plaintiffs in product liability and other personal injury cases seek damages for medical expenses based on amounts originally billed by healthcare providers that are significantly higher than the plaintiff -- or anyone paying on her behalf -- actually paid.
Representing the Individual Defendant
April 27, 2012
This article focuses on the inherent risk of unwittingly assuming the role of psychotherapist, the difficulty of gaining control over the demanding or doubting client, ethical situations, arising and attorney-client communications.
Moving Forward with Outsourcing in the New Legal Model
April 27, 2012
How do firms use and structure outsourcing most effectively under the new legal model and what are the opportunities that are available? This article provides the answers.
Why Does It Hurt When I Pay?
April 27, 2012
Are all those new partners lining up at your door wondering why they went from having to file personal income tax returns in one state to a multitude of 15, 20, or maybe more?
Take Ownership of Your Firm's Accounts Receivable
April 27, 2012
Most lawyers are familiar with and capable in marketing (winning the work) and production (doing the work effectively and efficiently), but they fail to grasp the importance of collections.
EEOC Cases of 2011
April 27, 2012
The EEOC promised to file bigger, higher-profile cases in 2011. It did just that, with a second straight year of a record number of systemic investigations and class-like federal court filings.

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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