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Cyber Crime Now Targeting Law Firms
August 01, 2017
<b><i>Is Your Firm Truly Prepared?</b></i><p>Cyber attacks and theft are on the rise around the country, and law firms are becoming prime targets. Similar to healthcare providers, a law firm's data can be the gold standard. Unlike manufacturers, banks and retailers, law firms are unique organizations that result in them being highly vulnerable.
Social Media Scene: Permission to Post
August 01, 2017
<b><I>NASA Doesn't Need a Social Media Policy, and Neither Do You</I></b><p>You don't need a separate policy governing how your firm's staff will represent you on social media. You already have one.
3 Tips for Handling the Difficult Decision to Downsize
August 01, 2017
By handling all involuntary terminations with professionalism and formality, law firms can limit the potential for conflict and give proper attention to the potential ethical and legal issues. Here are three tips for handling the transition of attorneys and staff from the firm.
China's New Cybersecurity Law
August 01, 2017
<b><I>The Challenge of Complying</I></b><p>In a bid to assert control over cyberspace, China passed a sweeping cybersecurity law that affects virtually every company doing business in that country. Despite its broad reach and potential for disruption, it appears that very few legal professionals are aware of the law.
Development
August 01, 2017
A look at several rulings, including an article 78 proceeding challenging grant of an area variance to proposed operators of a religious school.
<i>Matal v. Tam</i> and Viewpoint-Discriminatory Prohibitions Against Federal Registration
August 01, 2017
In <i>Matal v. Tam,</i> the SCOTUS held that a portion of Section 2(a) of the Lanham Act, 15 U.S.C. §1052(a), prohibiting the federal registration of potentially disparaging trademarks and service marks, violated the Free Speech Clause of the First Amendment.
Reflections on <b><I>Kokesh v. SEC</I></b>
August 01, 2017
<b><I>Potential Ramifications of SEC Disgorgement Being a Penalty</b></i><p> <b><i>Part One of a Two-Part Article</I></b><p>In reference to <I>Kokesh</I>, most commentators have focused on the five-year limitations period, which certainly carries important ramifications for the SEC. But as we describe here, the Supreme Court's ruling that "SEC disgorgement constitutes a penalty" has more far-reaching ramifications.
Serving Two Masters: When 'Bankruptcy-Remote' Meets Public Policy
August 01, 2017
Structured financing transactions make extensive use of entities formed for the specific purpose of reducing the likelihood that assets will be involved in a potential bankruptcy proceeding. Known as "bankruptcy-remote entities," or "BREs," these entities are subject to structures and covenants in financing documents and their own formation documents, which are designed to reduce the likelihood that the BRE will file for bankruptcy protection.
Inadequate Judicial Response to Emotional Abuse
August 01, 2017
<b><I>Part One of a Two-Part Article</I></b><p>According to the author, emotional abuse does irreparable harm to the children and adults subjected to it, yet it often gets inadequate attention from our courts.
Preparing a Medical Witness for Deposition and Trial: A Different Approach
August 01, 2017
While the deposition testimony usually does not win the case, in a medical negligence matter, it can definitely lose it. The stakes for a physician today are higher than they have ever been. It is not an infrequent occurrence that any report to the Databank gets a review by both the State Board of Medical Examiners and any health insurer on whose panel the provider has privileges. Our clients deserve better.

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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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