Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search


No Computer Tampering Proved In NJ Test Case of e-Discovery Rules
February 27, 2007
A New Jersey judge has found no spoliation of e-mail evidence in a business dispute, despite the destruction or disappearance of two laptops, a computer-server hard drive and backup tapes.
Litigation
February 27, 2007
Recent rulings of interest to you and your practice.
Dealing with the Risk of Events of Force Majeure
February 27, 2007
Force majeure clauses are used in leases to extend the date upon which a party's performance of an obligation is due. Often such obligations pertain to the delivery of the building and/or leased premises. This article explains and discusses sample force majeure clauses and suggests ways to protect the party not claiming a delay caused by an event of force majeure.
A Financial Expert's View on e-Discovery and Financial Expert Challenges
February 27, 2007
In this month's article, Michael LoGiudice examines instances of financial experts being challenged and excluded from cases ' and how to avoid exclusion. We reprint the first two sections of February's article for background and continuity.
Hedge Fund Analysis and Valuation
February 27, 2007
Determining the value of a hedge fund investment is completely different from and far more complex than the relatively straightforward way of determining the value of shares of a publicly traded stock. During the past 10 years, the explosive growth of the hedge fund industry has made the analysis of hedge fund investments and hedge fund businesses an increasingly common part of the financial due diligence necessary in matrimonial cases.
The Progressive Lawyer
February 27, 2007
In Part One of this series, we defined the newly evolving role of the parenting coordinator (PC) and discussed various statutory authorities for the PC role. In Part Two, we dealt with additional PC topics. Part Three herein concludes the series by providing a comprehensive PC order of appointment, which can be modified to fit just about any desired PC situation.
Marital Spying
February 27, 2007
While marital spying could land a spouse in hot water, it can also put attorneys in some sticky situations. Divorce lawyers say they are treading very carefully as to how they handle feuding spouses who spy on each other. Clients will often tell their lawyers they have proof that their spouses are cheating, but they will not disclose how they got it. Other times, they might wiretap or open private e-mails without knowing this was illegal, and then tell their lawyer about it. Lawyers have to be extremely careful not to condone or listen to information gained through these methods. They must also be cautious when discussing spying tactics with clients, because they could be held liable if they review, or even know about, private information obtained illegally.
Anxiety and Therapy in Parenting
February 27, 2007
While courts often use parents' psychiatric conditions as a basis for custody decisions, solid research on the actual impact of parental mental illness on children is limited (For an overview of this issue see Jenuwine & Cohler, 1999). Common sense and clinical wisdom converge in suggesting that parental mental health is an important factor in parenting. However, systematic empirical studies of children of even severely mentally ill parents often show that common sense and clinical wisdom can be mistaken. Children are much less affected by their parent's illness than one would think.
Book Release
February 27, 2007
For your information...
Case Notes
February 27, 2007
Highlights of the latest product liability cases from around the country.

MOST POPULAR STORIES

  • 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.
    Read More ›
  • 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.
    Read More ›