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The Topography of a Strong Attorney Biography
April 01, 2018
<b><i>Part One of a Two-Part Article</b></i><p>Attorneys are generally not great salespeople (caveat: some are <i>great</i> salespeople, aka rainmakers) and they are often introverts. While lawyers may like to speak about themselves, many are not effective in <i>how</i> to speak about themselves and their work in a way that is appealing to clients.
<i>A Roundtable Discussion:</i> How Evolving Media Types and Cybersecurity Concerns Are Impacting e-Discovery
April 01, 2018
In this roundtable discussion, two law firm partners and two GCs share their experience and insight on the evolving nature of e-discovery and its intersection with AI, cybersecurity and privacy.
Bankruptcy Impact on Trademarks, Distribution Rights
April 01, 2018
It's not uncommon for rights licensees in the entertainment industry to find themselves in a rights dispute when a licensor files for bankruptcy.
Compliance Officers and Law Enforcement: Friends or Foes?
April 01, 2018
<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.
Right of Entry: Landlord Considerations
April 01, 2018
One of the key requirements of a lease, from a landlord's viewpoint, is that it ensures the landlord has the ability to access a tenant's space. When preparing a lease for a landlord, consider including the following items to make sure that the landlord is permitted access to all spaces on the premises at all appropriate times.
Industry Workplace Misconduct Investigations
April 01, 2018
The important ongoing industry and national conversation about sexual harassment is serving as a wake-up call to entertainment companies, board members and C-suite executives about the need to be proactive when confronted with allegations of harassment or other workplace misconduct.
'Competitive Intelligence:' CI Is Another Tool in Marketing's Arsenal for Practice Group Planning
April 01, 2018
It's the budgeting and planning time of year. And, if the legal industry literature is anything to go by, strategies are in for law firms. A well-defined and well-communicated strategy provides a tangible way for law firms to identify their strengths and differentiators.
Why Tenants Get Stuck in Bad Leases and How to Avoid It
April 01, 2018
Tenants end up signing leases that offer little to no flexibility as their businesses expand and contract, setting the stage for economic and operational stress that could have been avoided with upfront planning and prudent lease negotiations.
Supreme Court Ties SEC's Hands in Whistleblower Case
April 01, 2018
With its decision in <i>Digital Realty v. Somers</i>, the U.S. Supreme Court dealt a blow to companies interested in learning of their own securities violations before the government gets the heads-up. The case's outcome means whistleblowers who might have reported violations internally will be incentivized to bypass their own companies' compliance mechanisms in favor of immediate reporting to the SEC.
Walking the Fine Line of Fair Use: The Second Circuit's Decision in <i>Fox News v. TVEyes</i>
April 01, 2018
Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24/7. That's exactly what media-monitoring service TVEyes did. There was no dispute that TVEyes had copied Fox News's content. Instead, the issue was whether TVEyes's service constituted fair use.

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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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