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Landmines In Bankruptcy Appellate Practice, Part III
March 01, 2024
When courts have made important exceptions in the past year, they have either added a gloss on the Judicial Code, corrected lawyers' errors, filled in statutory gaps, or clarified the relevant statutory language.
Exploring Debt Restructuring Options for CRE Owners
March 01, 2024
In the dynamic landscape of real estate, commercial real estate owners often find themselves facing financial challenges that necessitate a strategic approach to debt management. In such cases, exploring debt restructuring options becomes a crucial consideration.
Guarantor Liability for Post-Window-Period Rent
March 01, 2024
In a case of first impression, the Appellate Division, First Department recently addressed a split in the decisions of the lower courts as to the scope of the New York City Guaranty Law.
Counsel Concerns
March 01, 2024
Malpractice Claims Filed Against Loeb & Loeb and Of Counsel Over King Fury 2 Film Production King, Holmes, Paterno & Soriano Sued for Malpractice Over Representation of Sublime Band
Supreme Court Set to Decide On Competing Interpretations of Federal Corruption Statute
March 01, 2024
In this article, we describe the competing interpretations of Section 666 and comment on the implications of a Supreme Court decision in United States v. Snyder, where it will decide whether the law criminalizes "gratuities," and not simply "bribes," given to state and local officials.
5 Expert Cybersecurity Steps to Take in 2024
March 01, 2024
As many CISOs and cyber teams think about the year ahead, and legal professionals consider the far-reaching consequences of cybersecurity, here is a checklist to help them prepare for the biggest cybersecurity trends to come.
A Strategic Guide for Lenders to Navigate Anticipated Distressed Loan Fallout
March 01, 2024
The steps outlined in this article offer a strategic guide for lenders, empowering them to navigate the complexities of loan workouts and enforcement actions with resilience and foresight.
Protecting Technology-Assisted Works and Inventions: Where Does AI Begin?
March 01, 2024
Just like any new technology, efforts to protect and enforce intellectual property on AI-based technologies are likely to be hampered by a lack of both a unified governing framework and a common understanding of the technology.
Need to Do More with Less? CRM Could Be the Key
March 01, 2024
CRM is foundational to the success of marketing and business development teams because it is precisely the tool that allows the firm to efficiently manage and nurture client and prospect relationships.
Co-ops and Condominiums
March 01, 2024
Foreclosure on Lien for Common Charges Not Dismissed Condominium Entitled to Impose Reasonable Fee for Consent to Hallway Enclosure

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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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