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Court Delays Controversial NLRB Poster Requirement
April 27, 2012
On April 17, the U.S. Court of Appeals for the District of Columbia Circuit enjoined the National Labor Relations Board (NLRB) from enforcing a controversial rule that would require most private sector employers covered by the National Labor Relations Act to post a notice advising employees of their rights under the Act.
Employees' Pre-Eligibility FMLA Rights
April 27, 2012
The Family and Medical Leave Act (FMLA) is perhaps the most difficult federal employment statute with which to comply. Here's a review of eligibility requirements.
What Can Lawyers Take with Them Other Than People?
April 27, 2012
A close look at the standards for determining what documents a lawyer may take upon departing a law firm reveals a startlingly unclear and tangled area of legal ethics and law that should give any careful lawyer real pause.
Why Should We Tolerate 'Jerks" in Our Law Firms?
April 27, 2012
Over the past three years of tough times, many law firms have put up with "jerks" in their partnership ranks in order to hold on to the portfolios of work controlled by those people. But there are ramifications to this decision ...
Alternative Attorney Staffing
April 27, 2012
This article focuses on employee benefits decisions and the flexibility of your firm with respect to direct hires of non-partner and non-associate attorneys.
Avoiding Personal Liability for Payroll and Other Employer Tax Obligations
April 27, 2012
Although many firms operate in corporate, LLC or even LLP form in order to protect partners individually from liabilities, their partners may be surprised to learn that they may be personally liable if the firm fails to fulfill its obligations associated with employee compensation and benefits payable by the firm.
International Arbitration in Franchising and Distribution
April 26, 2012
The growth of international franchising and distribution requires offers of user-friendly agreements. International dispute resolution clauses often require arbitration of these disputes before a recognized and supervised international arbitration provider.
Movers & Shakers
April 26, 2012
Who's doing what; who's going where.
News Briefs
April 26, 2012
Highlights of the latest franchising news from around the country.
Court Watch
April 26, 2012
Highlights of the latest franchising cases from around the country.

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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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