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Redefining Attorney-Client Collaboration with Technology That Delivers Greater Value
July 01, 2022
If savvy law firm attorneys haven't done so yet, they should take this time to adjust their expectations and increase their comfort levels with new technologies, processes, and workflows. Going forward, their clients will expect the emphasis to be on relationships and outcomes, not billable hours.
Cloud-Based Discovery Is at Critical Mass: Here's Why
July 01, 2022
Part One of a Two-Part Series The legal industry today is experiencing a massive uptick in cloud-based discovery. The shift to remote and hybrid work and changing attitudes toward the cloud are significant factors in the movement to widespread adoption of cloud-based discovery. This article explains the momentum behind the rise of cloud-based discovery and the business reasons why companies will have to embrace it.
The Changing Face of Incident Response
July 01, 2022
A good incident response program helps firms affected by a cyberattack identify potential damage to their reputation, their regulatory obligations for reporting and issuing notifications, and the potential for future litigation.
Cyber Insurance Experiencing Future Shock
July 01, 2022
Insurers who write cyber liability policies are well-equipped to manage cyber claims, but what about carriers and adjusters who face such claims under more traditional policies — also known as "Silent Cyber?" This article aims to help non-cyber risk adjusters who may have to oversee such a claim.
7 Keys to Managing Tech and Service Company Partnerships
July 01, 2022
Partnerships play a key role in today's legal marketplace. Typically, one supplier partners with a law firm and/or corporate legal department to provide…
The Great Unbundling: Do Law Firms Need to Re-think Outsourcing Strategies?
July 01, 2022
Service "'bundling" provides economies of scale, lower overheads, a single point of contact and a single invoice at the end of each month. However, the bundling of services to create a single multi-service provider may now be hurting firms who are increasingly looking for specialization, especially with regards to onsite workplace experience services.
Applying 'Part Performance' In Practice
July 01, 2022
The doctrine of part performance can overcome the strictures of the Statute of Frauds when parties enter into unwritten business deals, or into written business deals with unwritten ancillary terms and they do not contemplate all of the possible circumstances that might arise in the course of their dealings.
Third Circuit Rejects Side-Switching Disqualification Claim
July 01, 2022
Conflicts of interest among clients are a chronic problem for law firms with many clients. How law firms address the problem — and they must — is what the Boy Scouts of America decision shows.
What's the Difference Between a 'Customer' and a 'Client'?
July 01, 2022
a customer is someone who buys something from you once, while a client is someone who keeps coming back to you over and over again. And that subtle difference is what makes a lawyer just a lawyer and one who becomes a rainmaker.
Do COVID-19 Shutdown Orders Excuse Lease Guarantors?
July 01, 2022
Section 22-1005 of the New York City Administrative Code provides relief for individuals who guaranteed commercial leases when the tenant defaulted as a result of government orders issued during the early days of the COVID-19 pandemic. In recent months, however, litigation has emerged about the scope of that relief.

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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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