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Revisiting MLF 2008: What You Missed!
December 19, 2008
At the beginning of a new year, we always look back on the year that was. The Year in Review, beginning herein, will present a pared-down reprint of one article from each of the last 12 issues of MLF (six articles this month and six next month).
Real Property Law
November 25, 2008
Analysis of recent rulings.
Eminent Domain Law
November 25, 2008
A recent important case.
Development
November 25, 2008
A look at recent rulings of importance.
Index
November 25, 2008
Everything contained in this issue, in an easy-to-read format.
Levying Rents Pursuant to Monetary Judgment
November 25, 2008
New York's law on levies of rents pursuant to money judgment is most peculiar. The obligation of a tenant (T) to pay rent runs with the land. Let us call the forward-looking obligation of a tenant to pay rent a "rent receivable." New York law insists that the rent receivable is real property. Once the rent receivable is actually paid, the proceeds are considered the landlord's personal property. Collection of the rent "severs" the dollars from the real property.
Making an Appealing Record on Appeal
November 25, 2008
When presented with a case s/he has not tried, an appellate lawyer may discover that the record on appeal is in horrendous shape. Even if you are not an appellate lawyer, there is a lot you can do to help your client with a possible appeal. This article discusses a number of things a trial attorney can do to minimize the problems.
Post-Embezzlement Asset Recovery Procedure
November 25, 2008
How companies can effectively deal with employee embezzlement in order to optimize asset recovery.
Real Property Law
October 30, 2008
Analysis of recent rulings.
Landlord & Tenant
October 30, 2008
Commentary on the latest cases.

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    “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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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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