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AIM 1-2-3 Image

AIM 1-2-3

Lawrence Bell

There is a patented methodology that follows the same path that the introduction of depreciation followed, with the impact being similar in its influence, power and effect: The AIM (Actuarially Initiated Measurements) Program. An employer using this methodology realizes the ability to uncover and maximize missed opportunities to control fluctuations and variations in earnings per share (EPS).

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Discovery Strategies for a Creditor in a Bankruptcy Case Image

Discovery Strategies for a Creditor in a Bankruptcy Case

Deirdre M. Richards & Howard C. Rubin

<b><i>Beyond Filing a Proof of Claim</b></i><p>This article explains the rights of a creditor, whether an equipment financier or otherwise, to pursue examinations of a debtor in bankruptcy in order to obtain sworn testimony and information that may be helpful to the creditor.

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The Myth of the Secure Cloud Image

The Myth of the Secure Cloud

Nina Cunningham

"There's really no such thing as the cloud, there are only other people's computers." This may have been true at first; but it is now worth some investigation if the present threat environment today demands a secure cloud.

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DE Supreme Court Clarifies Role of Deal Price In Appraisal Fair Value Determination Image

DE Supreme Court Clarifies Role of Deal Price In Appraisal Fair Value Determination

P. Clarkson Collins Jr.

Corporate practitioners have been closely following developments in Delaware's shareholder appraisal litigation. Much of the interest concerns the court's "fair value" determination and the risk that an acquiring company will have to pay appraisal petitioners more than the merger deal price. In a much-anticipated decision, the Delaware Supreme Court provides valuable guidance about the relative importance of the deal price in the court's adjudication of the "fair value" of a petitioner's shares.

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Procedures for Protecting Entertainment Domain Names Against Cybersquatters Image

Procedures for Protecting Entertainment Domain Names Against Cybersquatters

Karen Levin, Ariel Ronneburger & Damias Wilson

Because there are so many new digital channels for possible intellectual property infringement, knowledge of the various mechanisms available to combat the issue is vital to enabling entertainment industry owners to protect their brand.

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Airbnb and Rent Stabilization: A Survey Image

Airbnb and Rent Stabilization: A Survey

Jeffrey Turkel

Over the past several years, rent-stabilized tenants have turned to Airbnb and similar services to monetize their below-market leases and earn extra income. Landlords seeking to evict such tenants for profiteering have been largely successful. This article examines the state of "Airbnb" jurisprudence to date.

Features

Challenges to the Admissibility of Evidence in the 'Omics' Era Image

Challenges to the Admissibility of Evidence in the 'Omics' Era

Ronald J. Levine & K. Heather Robinson

Due to our increased understanding of human genetics, there has been a shift in, and expansion of, the use of genetics in the courtroom to address the "how" and "why" — the causation of, or susceptibility to — disease in mass tort and products liability litigations. Here are some trial tips you need to know.

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Patent Lost Profit Damages and Apportionment Image

Patent Lost Profit Damages and Apportionment

Amy Proctor & Molly Russell

<b><i>Split Federal Circuit Declined to Reconsider Panel's Decision that Lost Profits Based on the</i> Panduit <i>Factors Are Fully Apportioned</b></i><p>On Sept. 1, 2017, a split Federal Circuit declined to rehear a panel decision in <i>Mentor Graphics Corp. v. EVE-USA, Inc.</i>, a case that could have significant implications for lost profit damages and apportionment.

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Opt-Out Incentives: The Ins and Outs Image

Opt-Out Incentives: The Ins and Outs

Julia M. Vander Weele

As annual open enrollment season approaches, many employers may be evaluating ways in which to control rising health plan costs. One strategy frequently considered is a financial incentive for employees to waive or opt out of the employer-sponsored group health coverage. But this raises potential problems under the Affordable Care Actas well as a number of other federal laws.

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'I Thought I'd Seen It All with Rights of First Refusal, But I Was Mistaken' Image

'I Thought I'd Seen It All with Rights of First Refusal, But I Was Mistaken'

Marisa L. Byram

This article shares an actual recent dispute in which a landlord claimed there was a mutual mistake in the material terms of a right of first refusal after the proper exercise of such right and acceptance of such material terms by its tenant.

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