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Retail Marketing in the Common Areas of an Enclosed Regional Mall
December 14, 2011
This article addresses issues that should be addressed by the landlord and the tenant during their lease negotiation, in order to avoid unwanted circumstances at the shopping center.
The Renaissance Franchise Lawyer
December 14, 2011
Franchise law might be symbolized by the proverbial red-headed stepchild: There is something that seems different about it, but nobody is exactly sure what that difference is.
In the Spotlight: Confronting the Vagaries of 'Fair Market Rent'
December 14, 2011
While in its essence a straightforward concept, fair market rent is rife with legal and economic hazards, and parties to a lease are wise to take caution in arriving at an agreed method of calculation.
Healthcare Leasing Pitfalls for the Non-Healthcare Attorney
December 14, 2011
Non-healthcare entity landlords and their attorneys should be aware of certain common provisions in leases with healthcare tenants that could lead to substantial liability for landlords.
Purchasers' Ability to Preserve Tax Attributes in Context of ' 363 Sales
December 14, 2011
This article addresses a growing trend in bankruptcy sales whereby purchasers decline to effectuate an asset purchase under Bankruptcy Code ' 363, and instead, acquire the debtor's stock by sponsoring a reorganization plan designed to preserve valuable tax attributes.
Uncharted Courses
December 14, 2011
An in-depth discussion of American Airlines' recent Chapter 11 filing.
CDOs Are Less Bankruptcy Remote than You Thought
December 14, 2011
The recent decision of the United States Bankruptcy Court for the District of New Jersey in <i>In re Zais Investment Grade Limited VII</i> took many holders of collateral debt obligations ("CDOs") by surprise.
2011 Litigation Trends Survey
December 14, 2011
Results of the 2011 Fulbright &amp; Jaworski Litigation Trends Survey of senior corporate counsel.
HOW TO WRITE THE WORKING PRESS RELEASE
December 13, 2011
Publicity, which is a basic purpose of the media release, uses the release as a basic tool. It's not an end in itself, despite the artistry of a good release. Its purpose is to communicate ' an idea, a fact, a product's value or superiority. It should inform, it should be read by a target audience, it should clarify or persuade. And it should get published.
Fighting CRM's - Is It A Losing Battle?
December 08, 2011
FIGHTING CRM'S - IS IT A LOSING BATTLE? Senior marketing professionals tell me they are plain worn out fighting to get CRM's in place, and then to even get their attorneys to use them. According to Robin Dicks, in a 2011 Thriving Company/Managing Partners' Forum Survey of CRM activities in professional firms, 80% of the respondents achieved "slightly better results . . . than in 2010." how does this disconnect occur? Upon reading the survey closely, the preponderance'

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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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