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We found 1,049 results for "The Corporate Counselor"...

Trying 'Best-Efforts' Cases
April 26, 2013
This article offesr concrete tips ' based on the authors' experience from several recent trials ' for defending a best-efforts case.
'Discovery Rule' Does Not Apply
April 26, 2013
In <i>Gabelli v. Securities and Exchange Commission,</i> the Supreme Court unanimously concluded that Section 2462's limitations period began to run from the date of the alleged misconduct, not from the date the SEC discovered the alleged fraud.
New Litigation Trends Survey Reveals a Rising Tide
April 26, 2013
A look at The 9th Annual Litigation Trends Survey, commissioned by Fulbright &amp; Jaworski L.L.P. and conducted during 2012 by an independent research firm.
Litigating Complex Environmental Cases
April 26, 2013
In a series of recent decisions, the bankruptcy court for the Southern District of New York has broadly interpreted section 502(e)(1)(B) of the Bankruptcy Code in disallowing substantial claims in several contexts.
Intangible Assets
March 28, 2013
This article is the sixth installment in an ongoing series focusing on accounting and financial matters for corporate counsel.
What the <i>Noel Canning</i> Decision Means for Employers
March 28, 2013
When deciding whether to interpret<i> Noel Canning</i> as invalidating all post-January 2012 NLRB decisions and acts, an employer should weigh the potential costs and benefits of its decision.
VA Recognizes a New Employment-Based Tort
March 28, 2013
Recently, the Virginia Supreme Court considered the breadth of its public policy exception in light of confused and sometimes controversial history.
The Indefensible Defense
March 28, 2013
The lack of enforceability of insurer billing guidelines as a matter of both contract law and ethics provides corporate policyholders with strong ammunition to reject any attempt by an insurer to unilaterally impose such guidelines.
Quarterly State Compliance Review
March 28, 2013
This edition of the Quarterly State Compliance Review looks at some recently enacted and introduced legislation of interest to corporate lawyers. It also looks at some recent cases.
Disaster Planning May Reduce Workplace Violence Liability
March 28, 2013
Workplace violence is increasing. What can you do to protect your company from not only a tragic incident, but liability as well?

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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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