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Movers & Shakers
March 29, 2012
Who's doing what; who's going where.
New Briefs
March 29, 2012
Highlights of the latest franchising news from around the country.
Court Watch
March 29, 2012
Highlights of the latest franchising cases from around the country.
Arbitration: One More Look at Its Virtues and Vices
March 29, 2012
For several years, I have felt like Hamlet when I ruminate on the subject of arbitration clauses: To include, or not to include, an arbitration clause in the franchise agreements I draft.
Movers & Shakers
March 29, 2012
Who's doing what; who's going where.
IRS Issues Revenue Procedure 2012-17
March 29, 2012
On Feb. 13, 2012, the Internal Revenue Service issued Revenue Procedure 2012-17, which in part provides that partnerships may furnish their partners with an electronic copy of their Schedule K-1 if the partner has affirmatively consented to receive the K-1 in electronic format, such as in pdf form in an e-mail.
The Billable Hour Is Not Dead!
March 29, 2012
Firms are increasingly using alternative fee structures to meet clients' demands for billing based on the perceived value they have received. This article discusses the reasons why, regardless of your firm's method of billing clients, it is still critical to track attorney billable and non-billable hours.
The Fiduciary's Default Investment Choice
March 29, 2012
Several high-profile class action lawsuits are now winding their way through the federal courts alleging high costs, sustained underperformance, and failure to properly disclose and account for revenue sharing and other "under the table" payments in pension and 401(k) plans. The fiduciaries have only themselves to blame. These issues should never have been on the table.
Profitability and the Legal Marketing Professional
March 29, 2012
This article provides for the legal marketing professional a guide to the basics of law firm economics, and includes sample metrics and ideas as to how to improve the contributions of the marketing department to the bottom line of your law firm.
Real Property Law
March 29, 2012
Discussion of several key cases.

MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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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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