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e-Discovery Evolved: 2011 DIY Discovery Trends
February 01, 2012
By now, most corporations and law firms understand the complexities and realities of eDiscovery, and many organizations are re-examining their e-discovery processes and tools to gain efficiencies and reduce costs across the Electronic Data Reference Model (EDRM). With more options than ever before, litigation support professionals, lawyers and IT staff are grappling with these questions: Can my organization better manage costs and increase control over discovery by bringing e-discovery tools in-house or in-firm? Which components of the…
Leveraging the Seventh Circuit eDiscovery Principles to Contain Litigation Costs
February 01, 2012
ESI discovery disputes have become protracted for one common reason: The parties do not sufficiently prepare for ESI discovery. Enter the Seventh Circuit Electronic Discovery Pilot Program.
Shareholder Proxy Access
February 01, 2012
Last month, the authors discussed the fact that proxy access remains a "hot-button" corporate governance issue and the outcome of the debate remains uncertain. This discussion continues herein.
The FCPA Opinion
February 01, 2012
Surely the most obscure feature of the Federal Corrupt Practices Act (FCPA) is the issuance and use of opinions. Here's how they work.
Project Management As a Tool to Select, Manage, and Evaluate Outside Counsel
February 01, 2012
The recent recession has exacerbated the fundamental challenge faced by general counsel: the selection and management of outside counsel.
Decisions of Interest
January 31, 2012
Analysis of a recent important ruling.
NJ & CT News
January 31, 2012
Key happenings in neighboring states.
The Enforceability of Automatic Orders
January 31, 2012
Automatic orders are particularly vexing because the "binding" quality is almost secondary to its service with the summons. What if the plaintiff does not serve them? Is the action a nullity? Would the plaintiff be in contempt?
Courts Must Report Convictions Connected to Domestic Violence
January 31, 2012
The state legislature has directed the courts to flag misdemeanor convictions involving domestic violence, the latest among several kinds of data legislators demand from the judiciary.
Split and Shared Custody Arrangements
January 31, 2012
The CSSA) as we know it and as codified in Domestic Relations Law ' 240 and Family Court Act ' 413, recently celebrated its 22nd birthday. While the language of the statute has been modified, amended and polished over the course of the past two decades, it has yet to address specifically circumstances involving split or shared custody.

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  • 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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