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Recognizing the Signs of Financial Distress
January 01, 2018
Diagnosing financial distress, and the ability to address the relevant issues, is a necessary role of board members and senior executives.
Drafting Divorce Settlement Agreements
January 01, 2018
<b><i>Best Practices</i></b><p>This article addresses some deficiencies in reviewing separation or settlement agreements done in divorce cases, and recommends various clauses that practitioners may implement in their own practices.
How to Avoid the Pitfalls of a Bad Sexual Harassment Policy
January 01, 2018
How can companies make sure they have sexual harassment policies in place to protect interests and employees? The authors talked to several attorneys about common pitfalls and the lay of the land in the corporate environment right now. Here are highlights from those conversations.
In New York: Recovery of Accelerated Rents from a Commercial Lease Guarantor
January 01, 2018
With an effective rent-acceleration clause and good-guy guaranty, there is a little-used legal procedure that could allow the landlord to quickly pursue the guarantor for lost back and future rents: a motion for summary judgment in lieu of complaint.
Physician Extenders or Liability Expanders?
January 01, 2018
For health care services to serve an influx of patients, so-called “physician extenders” now carry out functions previously performed by doctors. The aim of this article is to examine factors driving the growth in physician extenders, identify liability “hotspots” and offer tactics for health care providers to use in managing professional/medical liability risks.
Sexual Harassment
January 01, 2018
<b><i>The Basics, the Skeletons In Your Closet, and How to Be Prepared</b></i><p>Harvey Weinstein has put the spotlight on sexual harassment in the workplace. Under this light we see multiple industries struggling with their own sexual harassment allegations and revelations.
Employee Claims in Bankruptcy Pose Significant Liability Exposure
January 01, 2018
<b><i>Lessons Learned From </i>In re FPMI Solutions Inc.</b><p>There are litanies of potential pitfalls for companies that file for bankruptcy without strictly following the requirements of federal or state employment laws. This article discusses the requirements and how to meet them.
Landlord & Tenant
January 01, 2018
Discussion and analysis of several rulings.
Marketing Tech: How to Attract New Business
January 01, 2018
Are your lawyers marketing more and receiving less in return? The solution is two-fold: they need to improve their in-person and online marketing.
In an Era of Crises and Controversies, How Ready Is Your Law Firm?
January 01, 2018
Although the current news cycle is a barrage of negative situations, the silver lining is that they offer law firms a wealth of teachable moments about the importance of preparing for and responding to a crisis situation.

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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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