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Online: FDA Web Site Offers Virtual Treasure-Trove
May 01, 2004
For more information about The Food and Drug Administration's (FDA's) approval for drugs, medical devices and biologics, visit http://www.fda.gov/. The…
Case Notes
May 01, 2004
Highlights of the latest Product Liability cases from around the country.
Rule 68: The Often-Overlooked Defense Tool
May 01, 2004
The often-overlooked offer of judgment rule — Federal Rule of Civil Procedure (FRCP) 68 — may be a valuable tool for defendants if carefully employed. An offer of judgment's primary benefit is its obvious risk-shifting effect. Rule 68 forces plaintiffs, particularly small plaintiffs, to proceed cautiously in the face of mounting costs and uncertainty.
Effective Use of Experts: The Rules of Engagement
May 01, 2004
Expert testimony 'can be both powerful and quite misleading' because of a jury's difficulty in evaluating such evidence. &mdash; <i>Daubert v. Merrell Dow Pharm., Inc.,</i> 509 U.S. 579, 595 (1993). Expert testimony is an integral part of products liability litigation. As the excerpt above articulates, expert testimony is powerful and its importance should not be underestimated or trivialized. Selecting an expert who can simplify the issues for the fact-finder, yet maintain his or her composure under cross-examination, is a difficult and time-consuming process. In short, because your expert's credibility is critical to the success of your case, you need to understand the rules of engagement at the outset.
Practice Tip: Electronic Filing ' Embrace It Soon
May 01, 2004
In 2002, the federal district courts began to accept electronic filings. Now, at least one court is making electronic filing mandatory. By May 1, 2004, attorneys practicing in the Western District of Washington must register for electronic service of documents and by June 1, 2004, electronic filing will be mandatory. The Western District of Washington is ahead of the curve, in part, due to its responsibility for the multidistrict litigation ("MDL") regarding phenylpropanolamine ("PPA"), motivating the court to find ways to become more efficient and provide better access to dockets and filings. Other courts are sure to follow, and it is well worth a few minutes of your time to become familiar with the system.
Why U.S. Franchisors Should Care About the Winds of Change in Ontario
May 01, 2004
For U.S.-based franchisors seeking international expansion, Canada is often the first choice for a host of obvious reasons: proximity; common language (almost); similar purchasing patterns; reaction to Canadian-tourist expression of interest; cross-border spill-over advertising; relatively low incremental cost to service a nearby 51st market area with a population roughly the size of California; etc.
Mainstreaming California's Franchise Rules
May 01, 2004
Since California introduced the world to franchise sales laws in 1970, it has repeatedly distinguished itself for its sometimes-curious approach to regulating franchise relationships within its borders. Recent events, however, suggest California is moving mainstream.
News Briefs
May 01, 2004
Highlights of the latest franchising news from around the country.
Court Watch
May 01, 2004
Highlights of the latest franchising cases from around the country.
Tech Trans Hotline
May 01, 2004
The latest cases and items of interest in the technology transfer field.

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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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