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The Financial Impact Of IP Issues in M&A
December 31, 2014
Buyers often fail to consider the financial impact of intellectual property rights in M&A deals. While IP value can be difficult to determine, a target company's financials may rely on IP. For example, a company's financial outlook may be due to patent protection that provides exclusivity and prevents competitors from entering certain markets. It also may be due to goodwill associated with trademark protection, allowing a brand to charge a profitable premium over the competition.
<b><i>At the Intersection:</i></b> Making Your Net Work
December 31, 2014
Those who gauge networking success by the sheer number of contacts they can cultivate digitally need to get this through their heads: You are not "networked" unless you make your net work, which is to say, unless you work your net.
Internet Changes Medication Sales Regulations
December 31, 2014
Internet use has changed the way medication purchases are regulated, due in part to patients' free access to information related to pharmaceutical products and medical care. Consequently, pharmaceutical manufacturers sponsor Internet links to promote direct-to-consumer (DTC) advertising via the Internet, with sales sites one click away.
Are Franchisors 'Employers'?
December 31, 2014
The franchise agreement almost always contains a clause specifying that the franchisee is an independent contractor and that the franchisor and franchisee are not intending to create an employment relationship. But a number of recent decisions from around the country have raised the question: Is a franchisee really an employee of the franchisor, despite the written disclaimer in the franchise agreement?
Balancing the Equities in Municipal Bankruptcies
December 31, 2014
When it comes to explaining what has prompted the incidence of financial distress being experienced by an increasing number of our nation's cities, perhaps the most persistent and significant cause is a troubled city's obligations to fund substantial pensions for its employees, both retired as well as its active work force.
The Territorial Barrier To Commodity Exchange Act Suits
December 31, 2014
While judicial ink has long been spilled on the extraterritoriality of the securities laws, growing attention is being paid to the overseas reach of the antifraud provisions of the Commodity Exchange Act (CEA).
Corporate Cooperation: What it Now Means for Companies and Employees
December 31, 2014
A recent series of speeches from senior DOJ officials are a signal to corporate counsel to stress the importance of, and actions needed for corporate cooperation and self-disclosure.
Sequenced Discovery in Mass Tort Litigation
December 31, 2014
This article focuses on sequenced discovery ' an underutilized tool that permits courts to focus initial discovery on general causation. Sequenced discovery front-loads the issue of general causation and prevents plaintiffs from dragging out litigation without having been put to the test of proving that the product at issue can cause the alleged injury.
Second Circuit Arguments in Google Books Case
December 31, 2014
Recently at the U.S. Court of Appeals for the Second Circuit, a lower court ruling that Google Books' digital library isn't copyright infringement came under attack.
In the Courts
December 31, 2014
In-depth discussion of a case in which investors won a Madoff 'fictitious profits' appeal.

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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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