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Offshore, But Not Off-Center
February 27, 2012
The recent insolvencies of offshore-based mutual funds have presented challenges for international comity when it comes to the complex issues of cross-border insolvency.
Choppy Waters in the Safe Harbor for Shareholders of Failed LBOs?
February 27, 2012
In this latest round of bankruptcies following failed leveraged buyouts (LBOs), former shareholders must ask themselves whether the safe harbor of Section 546(e) of the Bankruptcy Code really is as calm as it appears ...
Update on Bankruptcy Preference Insider Liability
February 27, 2012
The Seventh Circuit recently held that a minority member of a limited liability company (LLC) was a "statutory insider" for purposes of bankruptcy preference liability. Here's a look at the case.
Strategies That Keep Cash Flowing and Profit Margins Growing
February 24, 2012
Partners and their managing-partner colleagues should consider implementing the strategies enumerated in this article to maintain cash flow and improve margins.
<B><I>BREAKING NEWS:</b></i> <b>NJ Senate Passes Same-Sex Marriage Bill But Votes Short of Veto-Proof Majority</b>
February 14, 2012
The state Senate passes legislation to authorize gay and lesbian couples in New Jersey to marry, but with fewer votes than needed to override Gov. Chris Christie's expected veto of the bill.
BUSINESS DEVELOPMENT REVENUE GROWTH
February 09, 2012
BUSINESS DEVELOPMENT REVENUE GROWTH - Market gains do not happen automatically. And in our current economic environment, law firm marketing attorneys and professionals see real opportunities. Small and midsize firms have been scrappy with legal sales and are working to close with new clients that may previously not been accessible to them. So what do we recommend as business development consultants? Be accessible and respond quickly. Be amenable to new ideas and new ways of doing&#133;
BUSINESS DEVELOPMENT REVENUE GROWTH
February 09, 2012
BUSINESS DEVELOPMENT REVENUE GROWTH - Market gains do not happen automatically. And in our current economic environment, law firm marketing attorneys and professionals see real opportunities. Small and midsize firms have been scrappy with legal sales and are working to close with new clients that may previously not been accessible to them. So what do we recommend as business development consultants? Be accessible and respond quickly. Be amenable to new ideas and new ways of doing&#133;
<B><I>BREAKING NEWS:</b></i> <b>Ninth Circuit Sides With Gay Couples in 2-1 Ruling on Prop 8</b>
February 07, 2012
Taking a narrow approach in deciding the blockbuster challenge to California's ban on gay marriage, a split panel of the Ninth Circuit U.S. Court of Appeals on Feb. 7 found Proposition 8 unconstitutional.
<B><I>BREAKING NEWS:</b></i> <b>Ninth Circuit Sides With Gay Couples in 2-1 Ruling on Prop 8</b>
February 07, 2012
Taking a narrow approach in deciding the blockbuster challenge to California's ban on gay marriage, a split panel of the Ninth Circuit U.S. Court of Appeals on Feb. 7 found Proposition 8 unconstitutional.
COMPETING FOR CLIENTS
February 06, 2012
The transition from the past to the future is not yet complete ' and won't be as long as we ignore the competition part of legal marketing and reside in just the mechanics.

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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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