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On the Move
January 30, 2012
Who's going where; who's doing what.
The Saga of Omega v. Costco Wholesale Corp.
January 30, 2012
More than seven years after the <i>Omega S.A. v. Costco Wholesale Corp.</i> case began, there has been no trial and the case is now back at the Ninth Circuit for a second time.
S.D.N.Y. Endorses Commonly Used Procedures for Providing Adequate Assurance to Utility Providers
January 30, 2012
At least one United States District Court has approved of specific procedures to adequately assure utility providers of payment following a bankruptcy filing.
Establishing Substantial Non-Infringing Use for Software Under 35 U.S.C. ' 271(c)
January 30, 2012
If sued as a contributory infringer under 35 U.S.C. &sect; 271(c), a software company can prevail if it establishes that the accused software has a substantial non-infringing use. In many cases addressing this issue, however, software companies have usually failed to establish this defense. This article summarizes the particular circumstances that gave rise to these failures, and proposes a particular scenario under which a defendant may succeed in showing that its software is suitable for substantial non-infringing use.
Debtors May Benefit from ' 363 Protections Post-Confirmation
January 30, 2012
Capmark's sale of its remaining Low-Income Housing Tax Credit Business is a recent example of the approval of a sale of assets under ' 363 of the Bankruptcy Code following the confirmation of a debtor's plan.
De Facto Chapter 11 for the Unconsolidated 'Identity of Interest' Enterprise (Case Study)
January 30, 2012
Sometimes a lethal combination of a proceeding's cost and deleterious operational effect will result in forced liquidation rather than restructure. Such was the dilemma faced by economically troubled GGI in June 2010.
Movers & Shakers
January 30, 2012
Who's doing what; who's going where.
Succession Planning
January 30, 2012
To help ensure client retention, firms need to put in place a long-term, multipronged client transition plan at least two years before a partner's retirement. With the eldest of the baby boomers turning 65 in 2011 that means such planning must begin now.
Minding Your Business
January 30, 2012
To remain competitive, it is important for law firms to peel away the financial layers of their businesses, identify potential problems, forecast future revenues, and manage their financial health.
The Evolving Role of the Law Firm CFO
January 30, 2012
The real challenge &mdash; and opportunity &mdash; facing today's law firm CFO is not improving his or her technical expertise, but rather gaining the support of law firm management to implement real, impactful change.

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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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