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Coordination or Duplication? DOJ Adopts New Policy to Prevent 'Piling On' of Corporate Penalties
September 01, 2018
In May 2018, the Department of Justice (DOJ) announced a new policy to address a growing problem in white-collar criminal and civil enforcement. With increased…
Luxury Decontrol for Couples Living Apart
September 01, 2018
The Rent Regulation Reform Act provides for deregulation of rent-stabilized apartments occupied by tenants whose income exceeds the statutory threshold. When a married couple lives in the apartment, the income of both spouses counts in determining whether the threshold is met. But suppose only one spouse occupies the apartment as a primary residence. When, if ever, should the income of the other spouse be counted towards the threshold?
Prince's Estate Files NJ Lawsuit over prince.com
September 01, 2018
A dealer in Internet domain names is accused in a cybersquatting suit of an illegal attempt to seize on the posthumous popularity of Prince.
Hidden 'Time' Bombs in White-Collar Criminal Matters
September 01, 2018
<b><i>Part One of a Two-Part Article</b></i><p>What was once perceived as a straightforward limitation on the government's significant enforcement powers has become obscured by statutes and court interpretations that tend to elongate the period for the government to act in ways that often are not transparent to even experienced criminal practitioners.
As You Are Taking Care of Business, Are you Taking Care of You?
September 01, 2018
The daily demands and vast portfolio responsibilities of a legal marketer are weighty and, in too many instances, never ending. The highly charged, rigorous, deadline-driven culture of “more is more” stands in drastic contrast to a well-balanced body-mind-spirit experience.
When Intelligent Design Is Better Than Evolution
September 01, 2018
<b><i>Strong Hands-on Leadership is Crucial in Today's Competitive Practice Environment</b></i><p>A financially and professionally successful law firm does not simply evolve. It must be built in an orderly and systematic manner. The values important to a firm have to be identified, defined, organized and centrally placed. The responsibility for achieving these goals must be keyed to an organizational factor. Whether this is a committee or an individual, ultimately someone must be responsible.
Cost Recovery in 2018: Predicting Winners and Losers
September 01, 2018
Back in March of this year, we predicted changes and trends the results of the 2018 Mattern Cost Recovery Survey would reveal. At that time, we got our…
State Attorney-Client Privilege Rule Incorporated into Federal Law
September 01, 2018
<b><i>Delaware Bankruptcy Court Protects Communications with Financial Professionals Originating in Delaware</b></i><p>Because state law applies at the time a transaction is negotiated, the parties might assume — reasonably so — that state privilege law will govern communications with their attorneys and financial professionals. But what happens if, years later, a suit is filed in federal court and brings claims under federal law? Does state privilege law still apply?
New Development Projects: The Reports of Demise Were Greatly Exaggerated
September 01, 2018
Numerous shopping center developers use a “layer-cake” of financing, including state and federal tax incentives to reduce the costs of debt and equity financing. The industry correctly saw that the market value of the credits would drop once the Jobs Act become effective. Such tax cut could undoubtedly impact the ability of developers to raise equity, certainly for new projects not yet placed in service.
'Digital Dive:' How to Use Reverse SEO to Suppress Negative Content in Search Engines
September 01, 2018
Reverse SEO is part of a firm's online reputation management strategy that suppresses negative content such as bad service reviews in search engines so that potential clients and partner companies will have difficulty finding it.

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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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