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

Revisiting MLF 2008: What You Missed!
January 29, 2009
Last month, Marketing The Law Firm took a look back at 2008 with pared-down versions of one article each from our January to June issues. In this issue, we continue to look back at 2008 with articles from the July to December issues.
ESI Preparedness
January 28, 2009
As corporate litigation increases in a down economy, businesses have felt the pressure more than ever to take inventory of their ESI and prepare for the day their ESI management practices are called into question.
Capturing IP and the Knowledge That Makes It Valuable
January 28, 2009
While every business keeps its portfolio of assets, not every business manages its most crucial assets: intellect and knowledge.
Rhode Island Win Is Just a Battle in the Public Nuisance War To Come
January 28, 2009
The recent decision of the <i>Supreme Court of Rhode Island in State v. Lead Indus. Ass'n,</i> 898 A.2d. 1234, 1235 (R.I. 2006), was widely perceived by the American business community as a veritable life saver. Here's why.
Rules Governing Fax and E-mail Ads
January 28, 2009
The importance of having a robust compliance policy to review the content of proposed advertisements is well-known and widely accepted. But what may not be as familiar is the need for a separate policy focused on the means of disseminating such advertising.
Non-compete Agreements
January 28, 2009
Whether enforcing or defending against non-compete agreements, in-house counsel must understand the fundamentals. The eleven that follow are the most critical.
SEC Mark-to-Market Report
January 28, 2009
As attorneys, why should you care about developments in fair value accounting? In a word: Disclosure. The further clarification and guidance on fair value and mark-to-market accounting requirements appear to be heading in a direction that may require increased disclosure requirements, which may in turn require your input.
SEC Enforcement Settlements to Hit Three-Year High
December 15, 2008
U.S. Securities and Exchange Commission enforcement action settlements were expected to hit a three-year high in 2008, according to a new study released by a New York economic consulting firm. Here are the statistics.
Finding Your Way Through Discovery By Data Mapping
December 15, 2008
There are ways that in-house counsel can proactively prepare for litigation and regulatory and compliance issues, easing the burden of discovery while increasing the defensibility of their processes and procedures. Developing a data map of an organization's information flow is one important step.
Turning a Legal Department into a Profit Center
December 15, 2008
Mr. Speelman discusses how he has transformed the company's legal department into a profit center with an aggressive strategy to fight unwarranted lawsuits and pursue plaintiff actions in B2B disputes when appropriate.

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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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