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Bit Parts
November 01, 2019
Sixth Circuit Agrees Non-Party Interview Quotes Are Inadmissible Hearsay for Purpose of Establishing Direct Evidence of Copying in Infringement Case over Classic Rock Song "Gimme Some Lovin'" Transformative Use Defense Defeats Hard Rock Hamilton Persona Suit over Gears of War Character
Sales Speak: Five Ways to Start a Business Development Streak
November 01, 2019
Since business development is often comprised of a series of incremental efforts that generate momentum, embrace the idea of connecting daily streaks to obtain results.
The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask
November 01, 2019
Part One of a Two-Part Article The California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect on Jan. 1, 2020. In the wake of the CCPA's passage, approximately 15 other states introduced their own CCPA-like privacy legislation, and similar proposals are being considered at the federal level. Part One of this article covers how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues.
Legal Tech: Crisis Control: Best Practices for Emergency E-Discovery and Incident Response
November 01, 2019
A set of steps and best practices that legal teams can follow to ensure thorough and efficient handling of e-discovery in crisis situations.
159 MP Corp.: Grateful That Majority Rejected Dissent's Radical Approach
November 01, 2019
Further comment and analysis is warranted on the three-judge dissent, which, if adopted by the majority, would have fundamentally altered the very foundation of New York contract law.
Business Crimes Hotline
November 01, 2019
Canadian Clean Fuel Technology Company and Former CEO Pay $4.1 Million to Settle China Related FCPA Case
Faster, Shorter, Smarter, Better: Strategies for a New Era of Bankruptcy
November 01, 2019
Faster, Shorter, Smarter, Better Among other trends, practitioners are increasingly using pre-packaged and pre-negotiated cases, drafting clearer and more concise pleadings, employing smarter deposit management practices, and harnessing improved technology — strategies for a new era of bankruptcy.
Development
November 01, 2019
Mining Prohibition Not Pre-Empted By State Law and Not In Violation of SEQRA Dog Training Facility Not a Customary Home Occupation,br> Landowner Not Entitled to Variance When Hardship Is Not Unique to the Parcel ZBA Did Not Consider Statutory Variance Factors
The Global 100 Are in the Midst of a Growth Spurt
November 01, 2019
The World's Largest Firms Turned In a Second Straight Year of Robust Revenue Gains Amid Near-Universal Progress Mergers, rapid growth among Chinese law firms, and a healthy American market coalesced to turn 2018 into a spectacular year for the world's largest law firms.
Upcoming Events
November 01, 2019
TexasBarCLE 29th Annual Entertainment Law Institute Annual Entertainment, Sports & Media Law Institute Copyright Year in Review

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    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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    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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