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We found 1,049 results for "The Corporate Counselor"...

Seventh Circuit: Reassignment of Disabled Workers Is Not Required
April 29, 2012
The Seventh Circuit recently ruled that the Americans ADA does not require employers to reassign disabled employees to vacant positions for which they are qualified if better qualified candidates apply and it is the employer's "consistent and honest" policy to hire the best qualified applicant.
Guidelines for Maximizing D&O Insurance Coverage for SEC Matters
April 29, 2012
Depending upon policy terms, D&O insurance may pay defense costs incurred in response to various SEC actions, including an informal investigation, a formal order of investigation, a subpoena or an indictment.
Sarbox, Dodd-Frank and Beyond
April 29, 2012
Accelerating globalization of the economy, increasing complexity of financial institutions and markets, and the global financial crisis of 2008-09 have brought us to a regulatory environment that is far broader and more complex than anyone could have foreseen 10 years ago.
Patentable Subject Matter: The Controversy Continues
April 29, 2012
The Federal Circuit's recent opinion in <i>MySpace</i> debates the business method debate by addressing whether ' 101 is a prerequisite in the question of patent validity.
U.S. Reaches Settlement With Publishers over Alleged e-Book Scheme
April 27, 2012
As the U.S. Department of Justice (DOJ) prepares to battle Apple over alleged price-fixing in the electronic books market, top department officials said they are hopeful consumers will benefit from the settlement reached with three publishers.
When Settlement Is the Best Option
April 27, 2012
Too many defense counsel and their clients fixate on the early stages of the client's reaction to a product liability lawsuit ' denial or anger. They do so without evaluating the final stage ' acceptance
The Most Liquid Assets
March 27, 2012
This article is the third installment in an ongoing series focusing on accounting and financial matters for corporate counsel.
Your Social Media Policies May Violate the NLRA
March 27, 2012
Employer policies and practices on employees' use of social media continues to be a hot topic for the National Labor Relations Board. Here's what you need to know.
Quarterly State Compliance Review
March 27, 2012
This edition of the Quarterly State Compliance Review looks at some enacted and pending legislation of interest to corporate lawyers. It also analyzes some recent cases of interest, including two decisions from the Delaware Chancery Court.
Legislative Update: EU Issues New Data Protection Proposals
March 27, 2012
Much as was anticipated, the European Commission recently announced its long-awaited proposals on what are likely to be viewed as drastic changes to data protection law in Europe.

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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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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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