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Best Practices for Conducting Secure and Reliable Online Jury Research
July 28, 2011
Online jury research is a practice growing in acceptance and is becoming an increasingly important weapon for litigators as they discover more about its effectiveness. In addition, because litigators can use this online tool to cost-effectively poll so many more jurors, legal professionals are using online panels for a much wider range of cases.
Lawyers Are in the Relationship-Building Business But Are They Connecting?
July 28, 2011
For lawyers, it is imperative to consistently and persistently cultivate, nurture and strengthen their relationships with their universal networks. Here's how.
New Business Structures for Keeping Cast Albums Alive
July 28, 2011
This article discusses how, in the wake of changing economic and industry conditions, new business structures have evolved to bolster the production and exploitation of cast albums while shifting the risk and reward from large labels to the authors, investors and producers of the shows themselves.
Successful Mediation of Leasing Disputes
July 28, 2011
This article examines some of the key issues involved in a successful mediation. The article is framed as a conversation between lawyer and mediator.
The Case of the Broken Checklist
July 28, 2011
Intellectual property rights, such as a domain name, and trademarks and copyrights, can far outweigh an e-commerce enterprise's (and other types of businesses') tangible assets in value — and must be covered in the checklists that loan officers and outside counsel review to complete loan documentation.
Strategic Buyers Go to 'School' on Financial Buyers
July 28, 2011
<i>The Corporate Counselor</i>'s editor-in-chief recently had the pleasure of attending the Dealmakers' Summit, a unique private event dedicated to the discussion and analysis of hot-button topics currently facing equity investors, advisers, and their bankers. He reports on the lively debate.
The SEC's Renewed Focus on Regulation FD
July 28, 2011
In the past 18 months, the SEC has brought two Regulation Fair Disclosure ("Regulation FD") enforcement actions. While this number may not appear particularly significant, past history (the SEC brought seven enforcement actions from 2002 to 2005) and recent SEC guidance indicates that the SEC has renewed its emphasis on enforcing Regulation FD.
Nigeria: An FCPA Minefield for Corporations
July 28, 2011
Corruption remains a fact of life in Nigeria ' a fact that has not been lost on the U.S. Department of Justice (DOJ).
Copyright and Fair Use in Legal Proceedings
July 27, 2011
This article discusses recent decisions regarding the use of copyrighted material in legal proceedings and the applicability of the fair use defense to allegations of infringement.
mHealth: Boon or Bane?
July 27, 2011
mHealth is the use of mobile devices such as smart phones and tablets that enable the transmission of patient information by health care providers at the point of care. What are the legal ramifications?

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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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