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Make 2017 the Year To Get Smart
January 01, 2017
Taking Your Firm's CI to the Next Level
The One Shift That Will Improve Lawyers' BD Results and Make Life Easier
January 01, 2017
Business development needn't be complicated, difficult or distressing. However, for many lawyers, it's all of that. Much of the uncertainty and anxiety can be eliminated by a single shift in perspective.
Virtual Snooping
January 01, 2017
The modern-day snoop is all too often someone you know. If this consideration doesn't leave you paranoid and looking over your shoulder, it should.
Presidential Cybersecurity Handoff
January 01, 2017
Given the pending change in administration and uncertainty around President-elect Trump's priorities on cybersecurity, an analysis of the current federal cyber landscape may yield insights into how the next administration might prioritize their approach on this important front.
Law Departments and Clients Face Budgetary Concerns in 2017
January 01, 2017
Law departments are not being asked to do more with less? Instead, they are being asked to do more with more (though sometimes their budget increases are not keeping up with their new responsibilities).
Corporate Guilt and Individual Innocence in Financial Fraud
January 01, 2017
Comparing the success of the Department of Justice (DOJ) in extracting guilty pleas from companies for violations of the Foreign Corrupt Practices Act (FCPA) with the DOJ's notable trial failures in FCPA matters brought against individuals is particularly instructive when we are discussing individual versus corporate criminal accountability, as we did in the first part of this article.<br><i><b>Part Two of a Two-Part Article</b></i>
Mastering the Art of Self-Promotion
January 01, 2017
Hard work alone will not propel your career forward to its highest possible level; you are going to need to be savvy at the art of self-promotion. This includes going outside of your firm to get new clients and letting those inside your firm know about your accomplishments to propel you up the corporate ladder.
The Power of Monitoring for Recovering Lost Revenue
January 01, 2017
Realization has hit an all-time low of 83%, plunging from 93% just a decade ago. Most firms are building pricing groups as the place to start addressing this pain. This is certainly a good starting point, but if your firm is pricing and not monitoring, you've actually got a problem.
Data Breach Lawsuit Highlights the Need for Diligence when Purchasing Cyberinsurance
January 01, 2017
Well-known restaurant chain, P.F. Chang's China Bistro, recently sustained a significant hit to its cyberinsurance coverage. The federal court's opinion in the case serves as a lesson to policyholders regarding cyberinsurance in a rapidly evolving market. Due diligence is the name of the game when placing such insurance in order to understand the scope of coverage.
Counsel Concerns
January 01, 2017
Cases and news of note for entertainment attorneys.

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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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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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