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Maximizing Information Technology Return on Investment
January 30, 2012
No matter what the reason or replacement cycle, law firm computer technology should be a function of ROI. There is no one right or correct rate of return, but maximizing it is essential.
Case Briefs
January 30, 2012
Highlights of the latest insurance cases from around the country.
The 'New' Willful Blindness Doctrine After Global-Tech
January 30, 2012
In <i>Global-Tech Appliances, Inc. v. SEB S.A.</i>, the Supreme Court expressly approved of the "willful blindness" tool for the first time. But in doing so, it framed the doctrine in a way that provided some much-needed limitations.
Insurance Coverage for the 2011 Thailand Floods
January 27, 2012
Policyholders adversely impacted by the 2011 Thailand floods should focus on their insurance coverage promptly so that no rights or remedies are potentially compromised.
When Does a 'Claim' Arise for Purposes of an Employment Practices Liability Insurance Policy?
January 27, 2012
This article analyzes different trends in the law concerning what constitutes a "claim" for purposes of an employment practices liability insurance policy.
Movers & Shakers
January 27, 2012
Who's doing what; who's going where.
News Briefs
January 27, 2012
Highlights of the latest franchising news from around the country.
Court Watch
January 27, 2012
Highlights of the latest franchising cases from around the country.
'Ban the Box' Legislation
January 27, 2012
While the policy considerations behind "Ban the Box" legislation should be lauded, the reality is that this type of legislation can unintentionally create impossible hiring decisions and pose huge legal risks for employers.
Bankruptcy Filing May Not Prevent Enforcement of Non-Compete Against Franchisee
January 27, 2012
A U.S. district court recently held that a bankruptcy court abused its discretion in denying a franchisor's motion for relief from the U.S. Bankruptcy Code's automatic stay when the franchisee's bankruptcy petition was filed after the franchisor had previously filed litigation against the franchisee to enforce a covenant not to compete.

MOST POPULAR STORIES

  • 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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