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Pitching Your Cybersecurity Case to Law Enforcement Agencies
August 01, 2018
This article focuses on the unique issues that arise in a specific but increasingly common scenario: when your client is the victim of a cybercrime.
What the C-Suite Needs to Know About FCPA Prosecutions
August 01, 2018
In 2017, the Justice Department charged 20 people with FCPA violations — the second-highest single-year total since the law's passage in 1977, according to a new study by Arent Fox.
The Domesticity Barrier to Recognition of a Foreign Proceeding Under Chapter 15
August 01, 2018
<b><i>How Low Can You Go?</b></i><p>In <i>In re B.C.I. Finances Pty Limited,</i> Judge Sean Lane reiterated the low domestic presence threshold (Domesticity) that a foreign representative must meet when it is petitioning for recognition of a foreign proceeding under Chapter 15.
Supreme Court to Review Post-AIA On-Sale Bar
August 01, 2018
The U.S. Supreme Court agreed to consider a question raised by Helsinn Healthcare: whether, under the Leahy-Smith America Invents Act (AIA) an inventor's sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.
Case Study: How Momkus McCluskey Virtualized Its IT for Better Security and Productivity 
August 01, 2018
Whatever direction we went with our IT, we wanted to make sure we would be following the absolute best practices from a security perspective. I needed to know that our data would be safe, secure, as well as fully backed up in case something went wrong.
The NLJ 500: Large Firm Growth Slows Amid Consolidation and Contraction
August 01, 2018
Lawyer Counts Increased By 1%, But Large Firm Growth Was Slowed Due to Consolidation. Just Three of the Top Five Firms on the NLJ 500 Showed Total Lawyer Headcount Growth
Issues Between EU Data Protection, Use of Blockchain
August 01, 2018
Emerging technologies and regulations have the power to create, shape or kill businesses. For the entertainment industry, the European Union's (EU) General Data Protection Regulation (GDPR) and blockchain technology each embody forces that have the potential for profound impact. Taken in tandem, the GDPR and blockchain highlight the possibilities and pitfalls of disruption and the importance of cross-organizational collaboration in compliance and innovation initiatives.
The Tax Cuts and Jobs Act and How It Affects Real Estate
August 01, 2018
<b><i>Part Two of a Two-Part Article</b></i><p>Part One of this article discussed changes affecting real estate including the pass-through business deduction adopted in new §199A of the Tax Act. Part Two expands upon the workings of the pass-through business deduction (pass-through deduction).
Lawyers and Accountants: Collaborators and Competitors
August 01, 2018
Lawyers and accountants are professional allies, but who controls integration and delivery of their services is another story.
Business Crimes Hotline
August 01, 2018
Caris Healthcare Settles False Claim Act Lawsuit for Hospice Fraud

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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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