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Eleventh Circuit Strengthens Creditor's Defense to Preference Claim
October 01, 2018
A defendant creditor in a preference suit may offset 1) the amount of later “new value” it sold to the Chapter 11 debtor against 2) the debtor's earlier preferential payment to the creditor, the U.S. Court of Appeals for the Eleventh Circuit recently held.
Sales Speak: Grow Your Clients: MLF's Challenge
October 01, 2018
As you approach your clients during the upcoming holidays and new year, think creatively. This Q&amp;A with Aon COO Audrey Rubin provides more than a dozen examples of ways to add value and build stronger relationships with our clients. The <i>MLF</i> team challenges you to undertake one or two of these in your next go-to-market strategies.
Store Closing Lease Rejection in 'Shiekh Shoes'
October 01, 2018
Store closing or liquidation sales are a routine part of Chapter 11 cases involving retail debtors. These sales are consistently authorized by bankruptcy courts, despite lease provisions purporting to forbid them.
PTO Gives Iancu More Control over PTAB Precedents
October 01, 2018
The USPTO announced revisions to PTAB procedures that formalize Andrei Iancu's control over the 250 administrative patent judges and their policy-making, while making that control more transparent.
Inside the New Tax Act's Changes to Carried Interest
October 01, 2018
Phil Jelsma, a partner and chair of the tax practice team at a San Diego-based commercial real estate law firm talks about the changes to carried interest, how this will impact commercial real estate investment and what investors should do now to comply.
Fighting Biometric Fraud on the Blockchain
October 01, 2018
The use of SMS verification codes as a security measure has recently been exposed as a mere stop-gap solution because of the ability of hackers to fraudulently take over phone numbers. Biometrics meanwhile is proving to be one of the best new technologies to combat fraud and identity theft.
Inside the New Tax Plan's Changes to Carried Interest
October 01, 2018
Phil Jelsma, a partner and chair of the tax practice team at a San Diego-based commercial real estate law firm talks about the changes to carried interest, how this will impact commercial real estate investment and what investors should do now to comply.
Business Crimes Hotline
October 01, 2018
Utah Biodiesel Executives in $511 Million Fuel Tax Credit Scheme
The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses
October 01, 2018
<b><i>Part Two of a Two-Part Article</b></i><p>The ability of a debtor to reject a restrictive covenant under Section 365 or to sell free and clear of a covenant under Section 363(f) is limited and the obstacles are difficult to surmount. A possible solution, however, may surface if a debtor can demonstrate a change of circumstances under state law.
Bit Parts
October 01, 2018
BOSTON Band Principal Scholz Loses Appeal in “Original” Member Billing Dispute Against Former BOSTON Guitarist Goudreau<br>Former Band Member's Counterclaims Against Commodores Are Dismissed

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    “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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