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The Kodak Bankruptcy
March 27, 2012
On Jan. 18, 2012, Eastman Kodak Company and 15 of its affiliates filed voluntary Chapter 11 petitions in the Bankruptcy Court for the Southern District of New York. The sale of intellectual property figures prominently into Kodak's plans for reorganization.
Full Recourse Enforcement of Non-Recourse Loans
March 27, 2012
Two recent cases from Michigan could have far-reaching implications nationwide regarding the enforceability of non-recourse loans as fully recourse.
Movers & Shakers
March 27, 2012
Who's going where; who's doing what.
There's a New Sheriff in Town
March 27, 2012
Receivership is a frequently used remedy for lenders faced with defaulted loans collateralized by income-producing properties, such as shopping centers.
LEADING LAW FIRM RAINMAKERS - Part II.
March 23, 2012
LEADING LAW FIRM RAINMAKERS - Part II. Continuing commentary from top rain makers in the U.S. " . . . go where there are people willing to invest in [your] training and offer real opportunities to build a book of business." " . . . believe strongly in mentorship as a key component in law firm business development." " . . . never overlook anyone. The associates and junior business people of today are the gatekeepers of tomorrow." Note, no…
LEADING LAW FIRM RAINMAKERS - Part I.
March 13, 2012
LEADING LAW FIRM RAINMAKERS - Part I. There will be no commentary, just their quotes which say it all! " . . . lawyers need to be not only expert practitioners, but also must know how to build relationships and market themselves." " . . . focus on business development with the junior people at [your] level in your clients' offices." " . . . the trick for a new lawyer is to focus on generating new relationships as…
Carter Named CEO and President of ALM
March 05, 2012
ALM, publisher of <i>Law Journal Newsletters</i> has named Bill Carter its president and chief executive officer.
Development
February 29, 2012
An important planning board case.
Real Property Law
February 29, 2012
A look at several key cases.
Landlord & Tenant
February 29, 2012
Decision of note.

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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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