Private Equity Valuation: A Significant Decision
August 03, 2003
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.
The USA Patriot Act and Private Equity Funds
August 03, 2003
The Patriot Act was signed into law by President Bush on October 26, 2001. Title III of the Act impacts the anti-money laundering provisions of the Bank Secrecy Act (BSA). The amendments were made to promote the prevention, detection, and prosecution of international money laundering and the financing of terrorism.
Interstate Custody Determination
August 01, 2003
<b><i>The Quest for Uniformity in a Mobile Society</i></b>"The chancellor in exercising jurisdiction upon petition does not proceed upon the theory that the petitioner, whether the father or mother, has a cause of action against the other or indeed against anyone. He acts as parens patrioe to do what is best for the interest of the child. He is to put himself in the position of a 'wise, affectionate and careful parent' and make provision for the child accordingly." <i>Finlay v. Finlay</i>, 240 N.Y. 429 (1925), citing <i>Queen v. Gyngall</i>, 1893, 2 Q.B.D. 232, 238 (Judge Cardozo).
Neutralizing the So-Called Neutral
August 01, 2003
<b><i>How to Deal with Negative Custody Evaluations and Guardian Ad Litem Reports</i></b> In terms of the art world, a designer "tames the material to an application." That is exactly analogous to the lawyer's purpose when a Custody Evaluator or Guardian <i>Ad Litem</i> (CE/GAL) is brought into a case. Using certain practice and trial techniques, you can minimize the negative impact of a report from a "less-than-neutral" CE/GAL in a custody dispute.
Abused Children Benefit from Powerful Ruling
August 01, 2003
New York's highest court, the Court of Appeals, threw a lifeline to abused and neglected children with a powerful ruling that streamlines the adoption process and makes it easier to terminate parental rights in the most severe cases.
A Case in Point
August 01, 2003
A look at <i>Bates v. Perez</i>, Nos. 2-02-0488, 2-02-0526, 2-02-0597, Ill.App.Ct., July 9, 2003.
Litigation
August 01, 2003
Key cases of interest to you and your practice.
Ask The Coach
August 01, 2003
This month's questions:<p>Q: Like many law firms, to create access to new prospects we host seminars on a variety of topics. How can we differentiate our offerings in a virtual sea of seminars?<br>Q: How can we maximize the effectiveness of these investments?
Your Firm In A Nutshell
August 01, 2003
Domestic and international corporations have long used slogans and tag lines as tools to differentiate themselves from their competitors. Think of Avis' "We try harder," Michelin's "Because so much is riding on your tires," and "Thank goodness for Kleenex." Consider as well Coca-Cola and McDonald's.<BR>Decades of research ' and corporate bottom lines ' support branding as a tool to help sell consumer goods. Can law firms use this technique, too?
Client Intelligence: IT, Marketing and Library Services Unite
August 01, 2003
As a futurist to what law firms need to be thinking about, I am always excited about "out of the box" methodologies that can impact the marriage of technology, research and marketing. Over the last few years, as IT and marketing departments have played a more prominent role in law firms, IT departments have rolled out software programs to assist marketing with the capturing of basic client relationship information for mailings, law alerts, programs and the like while at the same time working in tandem with the library to upgrade their legal research tools. Happily, with the advent of solution-based client intelligence/relationship management products, a new method of delivering all of this information can now be aggregated in one interface.
