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Is Asking E-Discovery Vendors for Indemnification for Data Breaches Provide Security of Clients' Data?
January 01, 2023
Threats of cyberattacks have not only made legal professionals more wary — especially as legal teams in firms and in-house are increasingly the target of cyber hackers — but it has also changed their relationship with vendors.
Litigation Financing 2.0: Financing the Business of Law
January 01, 2023
It is not accidental that funding the creation or growth of law firms and practice groups has tended to follow a traditional path. Rather, this circumstance is a combination of traditional legal temperament and structural barriers to innovation. Recently, there have been changes to both.
IP News
January 01, 2023
Federal Circuit: Unpatentability Ruling In First IPR Estops Patentee In Second IPR of Related Patent Federal Circuit: A Disclaimer Made In a Pending IPR Is Not Binding In That Proceeding, But Is Binding In a Subsequent One
Yes, There Were Non-COVID Commercial Lease Decisions During the Pandemic
January 01, 2023
In the past two years, in litigations between commercial landlords and commercial tenants, appellate courts continued to issue decisions on topics, unrelated to COVID questions, that should interest all real estate attorneys and their clients.
Co-ops and Condominiums
January 01, 2023
Absence of Itemized Statement Did Not Justify Cancellation of Co-Op Corporation's Liens Jury Trial Waiver Enforced Statute of Frauds Prevents Enforcement of Gift of Co-Op Shares Mitchell-Lama Occupant Successor Occupant Entitled to Injunction Tolling Exclusive Purchaser Period
Without Mandatory Retirement, Lack of Succession Plans Threaten Small and Midsize Firms
January 01, 2023
In the post-pandemic era, widely adopted flexible work arrangements have given lawyers a new view of their work. But in a profession without mandatory retirement policies, a partner's decision to keep practicing may not entail a discussion of the ultimate succession of their practice and clientele.
Bit Parts
January 01, 2023
COVID-19 Insurance Coverage Affirmed for Cancellation of Tina Turner Musical MTV Floribama Shore Overcomes Trademark Infringement Claim New York Appellate Division Reinstates Lawsuit Alleging Misappropriation of Reality TV Concept Ninth Circuit Affirms Film Clip In Talent Acting Reel Was Fair Use
What's In Store for Bankruptcy In 2023?
January 01, 2023
Practitioners Weigh In If anyone was holding out hope for a tidal wave of corporate bankruptcies in 2022, it's time to abandon ship. If that was part of your 2023 budget, don't get on the ship altogether.
Impact of 'Hoskins' Cases on the FCPA and White-Collar Law
January 01, 2023
This article examines the impact of Hoskins on three issues of importance to white-collar practitioners: the scope of the FCPA; the interpretation of white-collar criminal statutes; and the authority of the district court to consider at the outset of a prosecution threshold questions of the reach of the law to foreign individuals.
Privilege Logs: Strategy, Best Practices and Practical Advice
January 01, 2023
This article provides an overview of the different types of privilege logs, lays out best practices for negotiating ESI or privilege-log protocols, and discusses other issues that can occur with privilege logs in e-discovery.

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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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