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Demystifying the Proposed Lease Accounting Changes
November 22, 2011
They" are coming. "They" are the proposed changes to the lease accounting rules. And even if you are not an accountant, you still need to know the broader implications of these changes for leases.
Business Crimes Hotline
November 22, 2011
Analysis of key rulings.
In the Courts
November 22, 2011
Recent rulings of importance.
Fourth Amendment Concerns in a Digital Age
November 22, 2011
Because the information obtained by means of a sealed order may become evidence in criminal actions against business entities, companies and their advisers need to understand the law, its consequences and the development of case law concerning privacy rights.
The FCPA and AML Statutes
November 22, 2011
Although criminal prosecutions under the FCPA and the U.S. anti-money laundering (AML) laws have developed differently over the years, a review of recent enforcement actions reveals that prosecutions under these criminal schemes have started to converge.
Third Circuit Weighs in on the Extortion Defense to Bribery
November 22, 2011
In a recent decision in a domestic bribery case, the United States Court of Appeals for the Third Circuit, after canvassing the law relating to extortion as a defense to federal bribery charges, identified the principal reasons why extortion is so rarely raised, and even more rarely effective, as a defense.
On the Move
November 22, 2011
Who's doing what; who's going where.
Third Circuit Revives Committee's Deepening Insolvency and Breach of Fiduciary Duty Claims
November 22, 2011
In a recent opinion issued in the Chapter 11 case of <i>In re Lemington Home for the Aged</i>, the Third Circuit revived claims of breach of fiduciary duty and deepening insolvency against directors and officers of a nonprofit Pennsylvania corporation.
Successor Liability
November 22, 2011
An asset sale under section 363(f) of the Bankruptcy Code is becoming an increasingly popular mechanism to improve a company's financial condition as an alternative to a traditional plan of reorganization.
The Mighty Sword of PACA in Bankruptcy
November 22, 2011
Special creditor protection is not located in title 11 of the United States Code; instead, one needs to refer to 7 U.S.C. '' 499a through 499t in order to discover the special protections set forth for "claims" arising under the Perishable Agricultural Commodities Act ("PACA").

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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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