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Third Circuit Again Strikes Down FCC Fleeting Image Fine
November 28, 2011
The U.S. Circuit Court of Appeals for the Third Circuit again threw out a $550,000 fine against CBS Corp. for televising Janet Jackson's "wardrobe malfunction" during the 2004 Super Bowl halftime show.
Cooperatives & Condominiums
November 28, 2011
A recent case is discussed.
Issues in Terminating Copyright Grants in Sound Recordings
November 28, 2011
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.
Franchisee Attorneys Share Advice
November 28, 2011
At the 34th Annual ABA Forum on Franchising, held in Baltimore in October, two veteran franchisee attorneys led a session in which they set forth the basics for protecting franchisees' rights and interests.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
November 28, 2011
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
<b>Decision of Note</b> 'Jersey Boys' Case Focuses On Licensing of Underlying Rights
November 28, 2011
The safest approach to obtaining exclusive rights for uses of a copyrighted work is to procure those rights from all of the copyright's owners. Then how "exclusive" is a license that is obtained from one joint owner of a copyright? Litigation in Nevada federal court involving rights on which the highly successful musical Jersey Boys was allegedly based deals with this very question.
Negotiating Protections for Sports Sponsors When Disputes Arise Between Teams and Players
November 28, 2011
Many writers, observers and enthusiasts following this year's professional sports labor disputes in both the NFL and the NBA focused solely on the players, the owners and the fans. But there is another group of stakeholders that is inevitably affected by a lack of labor peace: sponsorship partners.
Decisions of Interest
November 28, 2011
Recent rulings of importance to your practice.
Class Action Waivers in Commercial Agreements
November 28, 2011
While the legal status of class action waivers is evolving in the United States, largely due to a U.S. Supreme Court decision earlier this year, franchisors that operate in the United States and Canada also should be aware of the differences in how the two countries address this important element of franchise contracts.
NJ & CT News
November 28, 2011
What's happening in neighboring states.

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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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