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Practice Tip: Deposition of Plaintiff's Expert
November 29, 2010
Knowledge is power. The more you know about a purported expert's credentials before the deposition, the more effective you will be in laying the groundwork for a motion to exclude the witness's testimony.
Special Issue: The Sixth Annual MLF 50 ' The Top 50 Law Firms in Marketing and Business Development
October 29, 2010
Never in the history of The MLF 50 has there been a year like this. The first thing you will note about this year's list is that there is a tie for the number-one firm.
When the Virtual Storefront Is the Home Front
October 27, 2010
One of the virtues of e-commerce has always been its low barrier to entry. For little investment of time or money, anyone can set up shop online, whether selling advice or widgets. But can something so easily accomplished really be a business? Will an entrepreneur run something out of her spare bedroom the same way as if she had venture capitalists peering over her shoulders, demanding a business plan, financial statements, budgets, marketing plans and everything that a bricks-and-mortar retailer has (except the expense of leasing space)? If not, she may treat it as just another hobby, something to handle in her free time.
The Business of Branding: Happy Alums
September 30, 2010
Beginning with this issue and appearing bi-monthly, we welcome Moir' Marketing Partners as regular columnists for The Business of Branding.
Pay Attention, Counsel!
September 28, 2010
As students returned to school recently, many may have been looking ahead to their next day off. And today, there are so many online schools that e-commerce executives are turning the chorus of Alice Cooper's classic 1972 schoolboy anthem "School's Out" ' "School's out forever" ' into reality by turning school into another form of e-commerce.
Crowdsourcing the Law
September 27, 2010
The Internet's completely over, the musician once-again known as Prince declared this summer. If so, I am at a loss to explain the ongoing emergence of innovative Web sites such as Spindle Law, a new site that is reconfiguring the traditional legal treatise to make it better fit a "Web 2.0" world.
Crowdsourcing the Law
August 30, 2010
The Internet's completely over, the musician once-again known as Prince declared this summer. If so, I am at a loss to explain the ongoing emergence of innovative Web sites such as Spindle Law, a new site that is reconfiguring the traditional legal treatise to make it better fit a "Web 2.0" world.
Unauthorized Uses of Music in Campaign Ads
August 20, 2010
Lawrence Y. Iser, a partner in Los Angeles's Kinsella, Weitzman, Iser, Kump &amp; Aldisert LLP, served as attorney for Jackson Browne in the McCain litigation and is counsel to musician David Byrne in a pending action against Florida Governor Charlie Crist that was filed after Crist used the Talking Heads' song and recording "Road to Nowhere" in Crist's campaign ad for the U.S. Senate. In the Q&amp;A that follows, Iser responds to questions from <i>Entertainment Law &amp; Finance</i> Editor-in-Chief Stan Soocher about litigation and related issues regarding music in political ads.
10 Questions for Kim Eisler
July 29, 2010
Nick Gaffney, a partner at Infinite Public Relations in San Francisco, recently had an exclusive interview with Mr. Kim Eisler, author of "Masters of the Game: Inside the World's Most Powerful Law Firm."
Valuing Payments in Lieu of WARN Notice
July 29, 2010
Employers often fail to take into account all elements of compensation and benefits when valuing payments in lieu of notice. This article addresses certain elements of such payments that are often overlooked.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “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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