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We found 761 results for "Cover Story"...

Keeping Track of Developments in Cases That Pit Creative Content Against AI Programs
January 01, 2024
2024 starts off with court decisions and procedural rulings that took shape in 2023 in lawsuits that were filed over the collision of creative content with generative AI programs. Most of the complaints allege copyright infringement and related claims prompted by the unlicensed copyright works that AI companies input into their AI programs.
The Benefits of Utilizing a Written Joint Defense Agreement Properly Tailored to Limit Future Conflicts
January 01, 2024
A recent decision from the U.S. District Court for the Southern District of Florida illustrates a benefit of utilizing a written joint defense agreement properly tailored to limit future conflicts, rather than relying on the oral agreements that are common among many practitioners.
Start 2024 By Embracing the Synergy Between Retirements and Succession Planning
January 01, 2024
Attorneys retiring and succession planning are critical issues are often overlooked at the management level of law firms. A key question arises: What should come first, retirement or succession planning? Although they go hand in hand, many firms avoid addressing both.
The Importance of Cyber Vigilance: Control Liability and Litigation Exposure
December 01, 2023
This article covers cyber trends and tips for organizations to explore in order to be better equipped to anticipate and respond to cyber incidents before a devastating breach occurs. The outcome? Diminished chance of class action activity, compliance violations, lost business, and mounting costs.
Litigation Finance Offers Significant Benefits for Restructuring Matters
December 01, 2023
In today's volatile economic climate, companies need to be more creative to find ways to mitigate risk. Litigation finance is one of those out-of-the-box solutions that can provide benefits.
Experience Management: Selecting Best of Breed Solutions for Better Business Outcomes
December 01, 2023
Experience management is vital not only in terms of raw time savings and cost efficiencies but is pivotal in the firm's ability to win new business.
Leveraging Data and Deal Terms to Meet the Demands of the DOJ's New M&A Safe Harbor
December 01, 2023
This article describes the DOJ's new M&A safe harbor policy and also provides practical insights on how companies engaged in M&A can meet the DOJ's expectations.
Ninth Circuit Focuses On Extrinsic Test In Ruling On Choreography Copyright
December 01, 2023
Reversing and remanding, the Ninth Circuit emphasized: "The district court's approach of reducing choreography to 'poses' is fundamentally at odds with the way we analyze copyright claims for other art forms, like musical compositions."
Second Circuit Likely to Deliver Big Win for Commercial Shopping Center Lessor
December 01, 2023
The U.S. Court of Appeals for the Second Circuit, on remand from the Supreme Court, further remanded to the district court the key issue of whether the Chapter 11 debtor gave "adequate assurance of future performance of" a commercial real property shopping center lease "as required by the Bankruptcy Code after the debtor's assignment of its lease.
When Is A Real Estate Instrument Filing Fee An Unauthorized Tax?
December 01, 2023
Litigation pending in the Suffolk County Supreme Court is challenging fees charged for tax map verifications on real estate instruments filed with the county clerk as unauthorized taxes.

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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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