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Teach Your Associates Sound Management Skills
November 23, 2011
If law firms are to succeed in the new paradigm, careful consideration should be given to incorporating basic management skills training into each new lawyer's career planning process.
IRS: Cell Phone Services Provided to Employees Excludible from Income
November 23, 2011
The IRS has modified its position on the tax treatment of cell phone services that employers provide to employees primarily for noncompensatory business reasons.
<B><I>BREAKING NEWS:</b></i> <b>Merck Settles Vioxx Case for $950 Million</b>
November 23, 2011
Merck &amp; Co., Inc. became the latest healthcare company to strike a major settlement with the Justice Department on Nov. 22, agreeing to pay $950 million to resolve criminal and civil charges stemming from its marketing of the painkiller Vioxx.
e-Discovery
November 22, 2011
This article reviews the principles every in-house attorney needs to consider when applying project management principles to e-discovery.
Legal Issues in the Cloud
November 22, 2011
Increasingly popular, Cloud computing nevertheless raises new and challenging legal issues for both cloud computing users and vendors.
Walmart v. Dukes
November 22, 2011
Four months after the Supreme Court decertified the nationwide class of more than a million female employees who attempted to sue Wal-Mart for gender discrimination, the plaintiffs have attempted an end run around the decision by filing new federal complaints in California and Texas.
How to Speak Accountant
November 22, 2011
This is the first in a series of articles that will help you understand your business better by discussing how accounting information is prepared, how to determine the assumptions and biases underlying the numbers, how to determine what the numbers in front of you mean, and what to do with them once you have them.
SEC Rule 14a-11
November 22, 2011
On Sept. 6, the SEC gave up the ghost on Rule 14a-11, the Commission rule that required companies to include shareholders' director nominees in company proxy materials in certain circumstances. A look at the <i>Business Roundtable</i> case.
Cozen O'Connor's Landlord Disputes Firm's Complaints
November 22, 2011
Cozen O'Connor's landlord says its building is completely up to par, despite complaints from the law firm that the elevators are dangerous and do not work; the roof leaks; and the plants look shabby.
In the Spotlight: Leasing Distressed Properties
November 22, 2011
Even with major discounts, leasing commercial real estate can still be risky. The recovery of distressed built assets is not imminent, and corporate real estate (CRE) managers should beware.

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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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