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Update: The China Equipment Leasing Market
<b><I>Reaching an Inflection Point</I></b><p>As the Chinese government tightly regulates leasing, it is problematic that the industry has never been able to develop a unified position on important licensing, tax, capitalization, regulatory and other requirements. This needs to change if the industry is to continue to expand, particularly among small and medium enterprises.
Exit Interviews and Your Firm's Culture
Through the process of conducting exit interviews with the good attorneys who have left, along with those the firm has asked to leave, you can gather intel about your firm's culture. The business justification for doing exit interviews is to learn about and improve systematic organizational or interpersonal issues that may be adversely impacting your firm.
Verdicts
In-depth analysis of two key rulings.
Case Notes
A look at a situation in which, because the drug-manufacturing defendants seeking federal retention of a case removed from state court were unable to prove the four elements of the U.S. Supreme Court's <I>Gunn</I> test for federal-question jurisdiction, the case was remanded back to state court.
NY's Paid Family Leave Program
<b><I>Part One of a Two-Part Article</I></b><p>Effective Jan. 1, 2018, New York State will have its own "Paid Family Leave Benefits Law." Since the payroll deductions supporting the Law began July 1, 2017, it is not too early to begin reviewing your employer obligations.
Cooperatives & Condominiums
Discussion of two major cases.
How Firms Should Be Measuring the Profitability of Matters
Matter profitability matters. Yet most firms struggle to measure it in a manner that is accurate, focused on the levers partners control, and inclines partners to take action. Using margin per-partner-hour (MPH) to measure profitability delivers on these objectives.
IP News
Federal Circuit Throws Out District Court's Test for “Place of Business” for Purposes of Determining Venue in Patent Cases
Drug & Device News
Discussion of cases involving opioid addiction and medical marijuana in the workplace.
Delaware Dethroned
<b><i>South Dakota Now Top Corporate Lawsuit Venue</b></i><p>South Dakota has replaced Delaware as the No. 1 choice of in-house counsel and business executives for handling corporate lawsuits, according to a new report from the U.S. Chamber of Commerce's Institute for Legal Reform.

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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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