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10 Top Strategies for Retaining Tomorrow's Talent
January 01, 2020
All lawyers want to be wanted and valued by their firms. It has become apparent that tomorrow's legal talent requires even more hand-holding than previous generations. They want to understand why and what's the payoff of their efforts. By creating a firm culture that addresses these concerns you will heighten your firm's ability to retain precious talent.
Chapter 11 Plan Support Agreements: Greasing the Wheels for Confirmation Success
January 01, 2020
Plan support agreements are often an essential component of a successful complex Chapter 11 reorganization and provide a framework for a debtor's financial restructuring. These agreements have increasingly been used to induce core groups of major lenders and bondholders to support a debtor's restructuring in return for enhanced recoveries.
Challenge to SEC's Disgorgement Authority Reaches Supreme Court
January 01, 2020
The U.S. Supreme Court granted certiorari in Liu v. Securities and Exchange Commission to address a question that, until fairly recently, seemed clear: whether the SEC has authority to obtain disgorgement in civil actions to enforce the federal securities laws.
Cybersecurity Skills Update for 2020
January 01, 2020
The demand for capable skilled professionals and team players in the information security industry is increasing. For those gaining skills to work in the industry for the first time, the challenge remains to hit the ground running with a position and, better, with a career path. Yet no career path in this industry will sidestep an ongoing foothold in the classroom — onsite or virtual.
Unfolding Trends That Will Dominate the Next Year
January 01, 2020
For all intents, 2019 has been good for commercial real estate. 2020, at least for the first half, promises much of the same. That is not to say that the CRE environment will be stagnant; as always there will be changes. Some of these will be subtle while others may well be more ground shaking — and likely due to outside circumstances.
Bursting the Bubble of Associate Compensation
January 01, 2020
Smart business leaders compete by constantly seeking cost advantages. Yet law firm leaders compete by perpetually increasing associate compensation. As always, this will not end well.
How Retailers Are Pushing the Boundaries
January 01, 2020
Entertainment and experience has become the cornerstone of retail survival in the wake of increasing online shopping. Now, top brands are starting to incorporate entertainment experiences into select markets to bush the boundaries of the traditional retail structure.
Changing Outcomes Through a Reservation of Rights
January 01, 2020
In the day-to-day practice of bankruptcy law, it may occasionally be tempting to dismiss "reservation of rights" language as unnecessary or unimportant — after all, a pragmatically minded court will consider the economic reality of the case before it. Right? Well, the U.S. District Court for the District of Delaware's recent ruling in Emerald Capital Advisors v. Victory Park Capital Advisors (In re KII Liquidating) demonstrates the flaws in that way of thinking.
Legal Tech: Babst Calland & Solvaire: An AI Contract Review Use Case
January 01, 2020
In today's business climate, clients demand greater efficiency when it comes to contract review for many complex deals and transactions. We have found that the combination of deep legal expertise, coupled with embracing carefully researched and vetted technology, is the most effective means of delivering high quality and timely review in an increasingly competitive marketplace.
What is the Difference Between Flexible Space Models and Traditional Office Leasing?
December 02, 2019
Market forces — such as workplace design, demographics and urbanization, capital flow and technology — are driving the growth of flexible space.

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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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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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