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Four Rules for Tax-Exempt Organizations
January 30, 2012
The use of volunteers and interns by nonprofits comes with legal risks, which may be reduced by following four basic rules. This article discusses both federal and California state law.
Leases and Licenses Grow Increasingly Indistinguishable
January 30, 2012
Lately, it has become fashionable for some property owners to call their standard occupancy agreements licenses rather than leases. Does it matter?
In the Spotlight: Structuring Lease Takeovers
January 30, 2012
This article explores the "lease takeover" options available to an aggressive, creative landlord looking to get such a critical deal done.
Health Care Goes Retail
January 30, 2012
Today's health care real estate market opportunities are being driven by an aging baby boomer population as well as the new health care law, which is expected to result in health insurance coverage for an additional 32 million people living in the U.S.
Business Crimes Hotline
January 30, 2012
Recent rulings of interest.
In the Courts
January 30, 2012
Recent high-profile cases of interest.
What Private Equity Needs to Know About the FCPA
January 30, 2012
In the past, private equity firms and hedge funds have not been subject to the rigorous regulatory scrutiny applied to publically traded companies under the FCPA. However, it appears that this trend may be changing.
Side-Swiped by the False Claims Act
January 30, 2012
An important consequence of recent "indirect" FCA case law is that vendors and subcontractors may now face strict liability if others rely on their documents and these are determined to be false.
IP News
January 30, 2012
Highlights of the latest intellectual property news from around the country.
Issues in Terminating Copyright Grants in Sound Recordings
January 30, 2012
The year 2013 may be a watershed in the music industry. It is the year that opens a new window in the Copyright Act through which many post-1977 grants of rights under copyright potentially could be terminated.

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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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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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