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<b>Media & Communications Corner:</b> The Confluence of Media and Business Development
February 27, 2007
When it comes to talking about media and business development, Proskauer Rose CMO Joe Calve believes it's important to separate press coverage from advertising. That being said, Calve does employ both public relations and advertising in the marketing mix.
Which Business Sales Agreement Clauses to Read First
February 27, 2007
After finally making the difficult decision to sell the business that he or she built, how does that entrepreneur react when his or her attorney sends 50 pages of fine print for review?
<b>Corner Office</b>: Are Gray-Haired Partners Expendable?
February 27, 2007
Gray-haired, older, or as I shall refer to them, senior partners, as a class, represent a challenge that most managing partners find vexing. Many firms have avoided addressing this very complex issue either because of the emotional reaction it invokes, or because they just don't see it as a real problem yet. Others have adopted the apparently simple solution of setting a mandatory retirement age at which the partner is expected to stop practicing and head for a retirement community.
Advising e-Commerce Business Startups: A Crib Sheet
February 27, 2007
In the first of a two-part article, our expert author examines some issues that e-commerce counsel should pay particular attention to when advising e-commerce startups, particularly small, single-entrepreneur or small-group driven Internet-based storefronts.
Do You Know What Companies Really Want?
February 27, 2007
In the 20 years I have worked with and for in-house counsel and CEOs, this recent statement to me by a Fortune 100 senior in-house counsel is the strongest yet. Over the years I've compiled a number of such statements, which, if more moderate in tone, are equally serious in intent. Many of them zero in with a great deal of specificity on buyers' discontent and, as such, are particularly helpful, if disconcerting.
The Leasing Hotline
February 27, 2007
Highlights of the latest commercial leasing cases from around the country.
Which Endorsements Are Right for Your Transaction?
February 27, 2007
A commercial real estate attorney representing a client that needs title insurance in a commercial real estate transaction must consider which endorsements would be best to provide the client with all the necessary title insurance protection. This two-part article addresses which American Land Title Association ('ALTA') endorsements are typical when representing a buyer, tenant, or lender in an acquisition or lease of commercial property. In addition, the article discusses a few non-ALTA endorsements that are available in many states.
Revisiting Credit Support in Early Sale Transactions
February 27, 2007
Part One of this three-part article discussed credit support transactions in general. This installment concentrates on income support.
The Voyage to Electronic Evidence
February 27, 2007
In litigation involving computers and information systems, some technical knowledge can deliver real power. With knowledge of how data sets relate to one another, a lawyer can find caches of relevant data.
In the Spotlight: Planning for Redevelopment
February 27, 2007
For years, the commercial real estate market has been sizzling.Cap rates are down. Prices are up.Nevertheless, you managed to beat out the competition and buy a few shopping centers. To justify the price you paid, however, you need to increase the net operating income ('NOI') from your property. Now, however, the economy may be facing the headwind of a slowdown, if not an outright recession, which creates resistance to rent increases; so you may not be able to rely on ordinary rent increases to bolster your NOI.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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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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