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Castle Defense
February 28, 2015
The battle over expert testimony on patent damages harkens back to the middle ages when would-be attackers developed new strategies for laying siege to a castle, defensive counter-measures were developed to thwart those siege tactics. As plaintiffs have introduced expert testimony based on novel patent damages theories, defendants have asked courts to fulfill their gatekeeping role by preventing certain types of expert testimony from reaching the jury.
<b><i>Professional Development:</i></b> I Created a LinkedIn Profile: Now What?
February 28, 2015
LinkedIn has gained popularity as <I>the</I> social media tool for professional networking, and there are good reasons:. Here is what you need to know.
Franchising in Russia
February 28, 2015
In Part One, last month, we discussed the fact that while international franchising always brings a host of issues and complications, importation of franchise concepts into Russia highlights some critical issues and some lessons for international franchising in a broader context. The discussion concludes herein.
The 2015 Employer Mandate Is Here
February 28, 2015
The year 2015 is here and so is the Affordable Care Act's (ACA) employer "play or pay" mandate, which has been delayed, in total or in part, twice. Those companies with fiscal plan years may have until the first day of their 2015 plan year to satisfy the mandate, if certain requirements are first satisfied.
<b><i>Sales Speak:</i></b>Lawyers Are in the Relationship-Building Business, But Are They Connecting?
February 28, 2015
Some things appear to be so simple that we assume (dangerously) that everyone "gets it." But a significant number of lawyers either have no system ' formal or otherwise ' for getting and staying in touch with key people, or do a dismal job of staying connected.
In the Marketplace
February 28, 2015
The latest news from the industry.
Technology for Meaningful Legal Collaboration
February 28, 2015
Current discussions of electronic discovery and legal technology often focus on strategies for managing large volumes of data as it is funneled through different phases of the EDRM. Yet an important part of the discovery process ' case analysis and legal strategy ' has been a niche left unaddressed by traditional technologies.
<b><i>Social Media Scene:</i></b> How Social Media Has Changed PR and Corporate Communications at Law Firms
January 31, 2015
Technology has become a disruptive force in the legal industry and in the way legal services are delivered. Perhaps no technology has had a larger impact in the way law firms communicate with their clients and prospects than social media.
Law Firm Leaders Struggle with Setting Firmwide Rates
January 31, 2015
Rate-setting has proven a bit vexing for firm leaders as they grapple with setting rates in an era where firms span multiple markets and practice concentrations, clients aren't willing to pay the published rates, and alternative fee deals are a growing part of firm revenue.
Pricing It Right: Restructuring Billing
January 31, 2015
As pressure on pricing continues, Big Law firms are buying (or building) analytics technology and hiring pricing specialists ' people who use market data, internal firm data and economics/pricing experience to ensure that firms are smart about bidding on work. The mission: Educate clients about the value the firm brings, while making sure to charge enough to make a profit.

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  • 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.
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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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