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10 Commandments for a Successful Loan Workout
August 21, 2010
There are indications that commercial real estate loans are on increasingly shaky ground. With that in mind, here are 10 commandments for a successful loan workout.
Asset Sales in Bankruptcy
August 21, 2010
Notwithstanding the dramatic events of the historic mega-bankruptcies over the last two years, little may actually have changed for debtors and potential acquirors of distressed assets on a going-forward basis.
Cameo Clips
August 20, 2010
COPYRIGHT INFRINGMENT/NON-TRADITIONAL TEST<br>TRADEMARK INFRINGEMENT/BAND NAMES, ALBUM TITLES
Using Technology Can Overcome First Amendment e-Monitoring Worries
August 20, 2010
e-Commerce tools allow e-monitoring of an Internet user's actions ' but the desire of companies and others to know and to track what an Internet user does on the Internet isn't as simple an issue as just setting up the technology and being done with it.
Is an Integrated e-Discovery Solution the Best Approach?
August 19, 2010
With law firms increasingly feeling pressure to adapt to client demands to reduce bills and expenses, an integrated e-discovery solution may seem like a wise investment. Having fewer vendors providing necessary services is always beneficial. It means less administrative overhead, less potential for miscommunication, and less time spent training staff on new software. However, when it comes to e-discovery, an integrated solution may not always provide a law firm with exactly what it needs.
Bond Schoeneck & King Goes Mobile With BigHand
July 29, 2010
At the end of June 2009, our lease on dictation equipment was coming to an end, so the strategic decision was made to investigate other options before upgrading. During demonstrations, it became clear to us that the BlackBerry component and mobility options provided by BigHand would be a key point in our decision-making process.
Electronic Discovery in the Cloud
July 29, 2010
As organizations strive to minimize costs and maximize efficiency and scalability of computing resources, IT and legal departments across the globe are turning to cloud technology (a.k.a., cloud computing) for help. The recent surge in popularity is pushing industry groups to consider how to accurately define cloud computing and provide guidance as to how it can be properly managed ' especially in relation to regulatory compliance and electronic discovery requests.
The Brave New World of e-Workplace Privacy Policies
July 29, 2010
Embodying some of the aspects of Big Brother is not a new role for an employer. In the past 15 years, however, workplaces have become increasingly digitized as electronic information has come to dominate all aspects of modern life. Part One of this article examines the potential liability for employers involved with social media and e-mail use.
Discounts on Closely Held Corporate Shares
July 29, 2010
The Appellate Division, Second Department, has interpreted <i>Friedman,</i> discussed last month, in a more restrictive way than was suggested by the Court of Appeals. Is this interpretation the correct one?
Social Gaming Is Battleground over 'Fast Following'
July 29, 2010
Litigation in the social gaming sector features young companies vying for position in a lucrative and fast-growing market where copycat games and employee poaching are commonplace. Social gaming is expected to contribute more than $800 million this year to the $1.6 billion virtual goods market. Legal questions continue to surround the sector's ubiquitous practice of "fast following" ' quickly copying competitors' successful gaming concepts.

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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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