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Seven Commercial Real Estate Investment Strategies for 2023
February 01, 2023
With the year starting out amid uncertainty and no small amount of pessimism, there are certain strategies that promise to play well amid the environment. Read on to find out what will work in 2023.
SEC Tightens Rules on Scheduling Trades In Advance
February 01, 2023
General counsel may find themselves pulled into difficult conversations with top executives as the Securities and Exchange Commission tightens its rules on company insiders looking to dump their stock.
IP News
February 01, 2023
Patent Infringement and Trade Dress In the Ninth Circuit
Bit Parts
February 01, 2023
Breach-of-Contract Claim Can Continue Over Refusal to Exercise Option to Retain Anti-Vaccination Actress California Court Rules on Intersection Between Anti-SLAPP Law and Movie Trailer
Live Webinar: The Crypto Landscape Post-FTX
February 01, 2023
"The Crypto Landscape Post-FTX," Feb. 15 at 4 p.m. ET, NY Cyber CLE credits available.
Duties of and Risks to Directors and Officers of Insolvent Enterprises
February 01, 2023
Traditionally, the bankruptcy risk for D&Os has been fairly low. Several recent developments have, however, shifted the landscape somewhat and altered the risk profile.
Layoffs, Expenses and Return-to-Office Policies Top Worries of Law Firm Leaders In 2023
February 01, 2023
While economic troubles and fears of a recession are top concerns for law firm leaders now, some shifts within the legal industry are also triggering alarm bells. Interviews with more than a dozen law firm leaders identified a growing list of challenges that law firm leaders are grappling with now,
Online Extra: In 'Landmark' Win for Talc Plaintiffs, Third Circuit Dismisses Johnson & Johnson Unit's Bankruptcy
February 01, 2023
On Jan. 30, the U.S. Court of Appeals for the Third Circuit reversed a bankruptcy judge's decision, concluding that Johnson & Johnson subsidiary LTL Management was not in financial distress at the time it filed its Chapter 11 case in 2021.
Typically Uncommon: Defending Class Action Certification in Data Breach Litigation
January 01, 2023
The most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant's breach of any purported duty of care, and whether the defendant's alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation, the difficult question to answer in these cases is "what is the value, if any, of your injury or damages?"
A Legal CIO's Guide to Technology Procurement In 2023
January 01, 2023
For a legal CIO, one of the key responsibilities is to establish that the organization has the right technology in place to support its operations and achieve its business goals. This can be challenging, as there are many factors to consider when choosing new technology for your organization. One bad decision can have a material impact on not only the bottom line, but on the ability of your firm to compete in an ever-changing legal market.

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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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