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What Effective Cooperation With the SEC Looks Like, According to SEC Enforcement Director 
June 01, 2024
Companies should be going above and beyond what's legally required to earn leniency from the SEC, its top enforcement official said at a gathering of white collar defense attorneys and in-house counsel
Latest California Privacy Rules Draw Criticism from All Sides
June 01, 2024
Business, labor and consumer interests expressed sharply differing views at a public forum last month over proposed California rules that would govern how companies use customers' personal information for anything from hiring decisions to advertising.
Navigating Election Year PR Opportunities for Law Firms
June 01, 2024
Law firms, regardless of location or specialization, have an opportunity to leverage the political landscape to amplify visibility and engage relevant practice areas during an election year. But there are risks as well.
Protection for Confidential Business Information In a Changing Non-Compete Landscape
June 01, 2024
While reasonable post-employment restrictions remain enforceable (at least in the context of confidential information), the increased hostility to them has revived interest in the use of other legal protections for proprietary business materials.
Development
June 01, 2024
Constitutionality of Boarding House Definition Town's Use of Escrow Funds Upheld Planning Board Failed to Consider Public Safety Issue Denial of Special Permit Upheld Due to Traffic Concerns Questions of Fact About Whether Agreement Included Acquisition of Air Rights Zoning Amendment Not Arbitrary Even If It Would Authorize Uses Prohibited By Restrictive Covenants
Fresh Filings
June 01, 2024
Notable recent court filings in entertainment law.
Partner Pay Spread Increases for Top Law Firms Amid Partnership Model Changes
June 01, 2024
Amid unprecedented billing rate hikes and an escalation of the battle for rainmaking talent, Am Law 100 law firms again raised the stakes on partner pay last year. At the same time, the average spread among Second Hundred firms fell a bit.
$8.6M Settlement In Florida Serves As Cautionary Tale for Commercial Real Estate
June 01, 2024
"What's going to happen with affordable housing is that people are going to be living under the radar, trying to get under the leases and do not live there, and apartment owners need to be aware of that because they could be liable for that."
What Happens When Nondischargeable Student Loan Is Later Determined to Be Dischargeable?
June 01, 2024
The U.S. Bankruptcy appellate panel for the Ninth Circuit addressed a matter of first impression: what happens when a debt that may be considered nondischargeable is later determined to be dischargeable, and more importantly, whether efforts to collect such a debt be exempt from penalties for violating the discharge injunction?
IP News
June 01, 2024
Under the discovery rule, a party who files a timely claim for copyright infringement can recover monetary damages, even for copyright claims that date back more than three years from when the lawsuit was filed.

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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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