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Equity, Inclusion, and Individual Engagement Principle (EIIEP)
December 01, 2021
Employee engagement is becoming vital to successful businesses, however, that hasn't translated to significantly wider adoption of meaningful diversity, equity and inclusion (DEI) practices in workspaces.
Leading Through Disruption
December 01, 2021
The pandemic has brought into focus the need for law firms and law firm leaders to be strategic about fostering the connections, engagement, learning, and innovation that will allow them to both attract and retain top talent.
Using Financial Intelligence to Gain a Competitive Advantage
December 01, 2021
Many law firm finance leaders are using data to drive change in their organizations, amplifying the power of profitability, and leveraging their skill to fuel innovation. Ultimately, they are helping their firms gain a competitive advantage.
Opportunity and Outsourcing In a Post-COVID World
December 01, 2021
2020 was a lesson in forced change management. Today, law firms are at a crossroads triggered by the transformational impact of the pandemic, and wondering…
Digital Marketing Surged During the Pandemic, But Are Law Firms Managing Content Effectively?
December 01, 2021
When 2020, and its accompanying pandemic, ushered in a resurgence in legal digital marketing and social media use, it was expected given the circumstances. But not all firms are managing that content effectively.
Recent Rulings on 'Embedding' Foreshadow Circuit Split: What Does That Mean For Content Use Now?
December 01, 2021
When and how can you display someone else's visual content on your website without running afoul of copyright law? When and how can someone else display your visual content? A recent ruling out of the Southern District of New York may upend the current paradigm.
UPDATE: The Supreme Court 'Arthrex's' Decision In Action
December 01, 2021
Although several direct appeals for PTAB review or rehearing were made by parties who had received adverse outcomes at PTAB hearings after the Arthrex decision, on November 3, the first rehearing was granted by the PTO acting director.
Influence of Lost Profits Damages In Patent Cases
December 01, 2021
In two recent decisions, the Federal Circuit and a Delaware district court took account of the underlying economic conditions that permit and prevent awards of lost profits, and looked at the implications of those conditions on otherwise unrelated areas of law.
IP News
December 01, 2021
District Court: Exceptionality Found and Attorney Fees Awarded When Patent Owner Pursued Litigation With a Fraudulently Obtained Patent
Johnny Cash Museum Case Includes Attorney Conflict of Interest Issue
December 01, 2021
How does "eye of the beholder" apply to law clients for determining whether an attorney is representing more than one party to a negotiation? And how would attorney/client privilege work in such a situation? These issues have been raised in litigation involving sponsorship agreements for the Johnny Cash Museum in Nashville.

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    “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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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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