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Your Social Media Policies May Violate the NLRA
March 27, 2012
Employer policies and practices on employees' use of social media continues to be a hot topic for the National Labor Relations Board. Here's what you need to know.
Quarterly State Compliance Review
March 27, 2012
This edition of the Quarterly State Compliance Review looks at some enacted and pending legislation of interest to corporate lawyers. It also analyzes some recent cases of interest, including two decisions from the Delaware Chancery Court.
Legislative Update: EU Issues New Data Protection Proposals
March 27, 2012
Much as was anticipated, the European Commission recently announced its long-awaited proposals on what are likely to be viewed as drastic changes to data protection law in Europe.
Secured Lender Invokes Seldom-Used Tool to Protect Collateral in Bankruptcy
March 27, 2012
In a Chapter 11 bankruptcy process,the question becomes: Who will take the loss on their balance sheet ' the lender or the borrower? An analysis of recent litigation.
Business Crimes Hotline
March 27, 2012
A look at a key case in Texas.
In the Courts
March 27, 2012
Recent rulings of national interest.
Public Corruption Prosecutions in New York
March 27, 2012
This article focuses on the example of New York State and the prosecution of public corruption offenses under that state's law. A case in point is the recent prosecution of former New York State comptroller Alan Hevesi, in which then Attorney General Andrew Cuomo effectively used a statute other than bribery to prosecute public corruption.
Use of the Travel Act to Prosecute Foreign Commercial Bribery
March 27, 2012
In last month's issue, the authors reviewed the ongoing case, <i>United States v. Carson</i>, in which the government charged the defendants with violating the Travel Act. The discussion continues herein.
Jurors, Internet Research and Social Media
March 27, 2012
Jurors' use of the Internet to conduct improper trial-related research or to communicate about the trial's progress, the evidence, or the jury's deliberations has been the subject of articles in practically every bar publication that includes litigators among its target audience.
Offshore, But Not Off-Center
March 27, 2012
The recent case <i>Millenium</i> and its implications for insolvency proceedings in another jurisdiction, particularly in the context of offshore funds.

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    “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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