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Retention of Title Disputes: Don't Take the Uniform Commercial Code for Granted
October 01, 2021
This article reminds us of the conflict-of-laws analysis at the heart of such retention of title disputes, and then discuss the multi-step UCC analysis that is also required.
COVID-19 and Lease Negotiations: Casualty Provisions
October 01, 2021
First in series of articles that will examine specific aspects of the COVID shift in which commercial lease negotiations are seeking protection against unlikely events. Part 1 focuses on casualty provisions.
Bit Parts
October 01, 2021
Recording Artist's Attorney Prevails in Lawsuit Brought Against Her by Client's Record Label
Managing Outreach Is the Most Important Task for Practice Group Leaders
October 01, 2021
No other job of a practice group leader does more to solve the many challenges of running a practice group than does a steady flow of new work from new clients.
Why Are Courts Making Cybersecurity Forensics Reports Not Privileged?
October 01, 2021
Internal corporate investigations can be, and frequently are, privileged. However, it is difficult to square that concept with the recent spate of federal court opinions that have concluded that cybersecurity forensic reports generally are not privileged.
Eminent Domain
October 01, 2021
Condemnation Invalid for Failure to Establish Public Purpose
Landlord & Tenant Law
October 01, 2021
Yellowstone Injunction Denied for Failure to Move on Time
9th Circuit: Police Violated Google Users' Privacy Rights After Automated Email Scan Detected Child Pornography
October 01, 2021
A federal appeals court found that law enforcement violated a Google user's constitutional rights when it opened email attachments the platform flagged as child pornography through an automated system.
Tenth Circuit Adds to Split on Lanham Act's International Applicability
October 01, 2021
the Tenth Circuit held that the Lanham Act can have extraterritorial application, if certain conditions are met. In doing so, the appellate court recognized — and further deepened — an ongoing circuit split.
The Most Important Task Practice Group Leaders Fail to Manage
October 01, 2021
There is one task that practice group leaders prioritize above all others: the management of the group's outreach. No other job of a practice group leader does more to solve the many challenges of running a practice group than does a steady flow of new work from new clients.

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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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