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Government Looking Into Insider Trading By Tipping Block Trades
June 01, 2022
How the government might frame insider trading cases based on allegations of tipping before the execution of block trades in securities.
Commentary: What the Music Industry Can Learn from Cable When It Comes to ISPs and Infringement
June 01, 2022
In the last two decades, the music industry and, more specifically, songwriters, producers and recording artists have been losing the value of their efforts to online piracy. Perhaps a business-to-business solution can be found between the music industry and cable providers.
Why Subchapter V Is More Appealing Than Chapter 11 for Small Businesses
June 01, 2022
The Small Business Reorganization Act created a new pathway for small businesses to remain in control of running their businesses, which is the usual reason for choosing to seek relief under Chapter 11, while eliminating many of the reasons that typical Chapter 11 proceedings exhausted the patience, and wallets, of both debtors and creditors.
Individual Liability and Criminalizing Cybersecurity Response
June 01, 2022
To date, cybersecurity has generally been viewed as an organizational responsibility, and data breaches similarly have been treated as organizational weaknesses or failures. Against this backdrop of organizational responsibility, the Department of Justice has brought a noteworthy criminal case against an individual for his personal response to a corporate data breach.
Landlord & Tenant Law Case Update
June 01, 2022
COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment COVID-19 Does Not Excuse Failure to Pay Rent
Upcoming Event
June 01, 2022
30th Cutting Edge Entertainment Law Seminar. New Orleans, July 7-9, 2022
Rising Expenses and M&A Slowdown Could Sink Profit Growth This Year
June 01, 2022
Stifling expenses and a slowdown in transactional work during the first quarter could sink profit growth for the rest of the year, according to a new analysis of legal industry performance.
IP News
May 31, 2022
Federal Circuit: Agreement Between Patent Owner and Third Party Was Not Insulated from The On-Sale Bar
The Slack Explosion: Convenient Yet Complicated, Part 2 
May 01, 2022
Best Practices to Simplify Future E-discovery Part Two of a Two-Part Series Just as the legal industry had to scramble to figure out how to handle email and other electronic documents a couple decades ago, e-discovery practices must once again shift to account for the realities of business being conducted via chat and the massive amounts of new types of data that chat platforms generate.
The Importance of ISO Certification for Law Firms
May 01, 2022
ISO certification is not just a critical way to ensure your firm's security; it's increasingly important for any firm that wants to maintain a competitive advantage in today's legal market.

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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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