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Editor's Note
June 01, 2016
Editor's NoteDear Readers: It is with the deepest regret that we must inform you that this issue of The Insurance Coverage Law Bulletin will be the last.…
EU Cybersecurity Directive Update
June 01, 2016
Cyber attacks and IT security breaches are being constantly reported (the "Panama Papers" being the most recent spectacular example), and almost certainly represent just the tip of the iceberg. No one can doubt that cybersecurity is a very significant global issue with cybercrime a major international menace ' any statistics about these issues always make for grim reading.
In Bankruptcy, Who Is Left Holding the Bag for Latent Damage Claims?
June 01, 2016
Increasingly, true reorganizations under Chapter 11 are the exception, not the rule, as corporate debtors utilize bankruptcy sales to maximize asset value and pay creditors. This trend blurs the line between reorganizations and liquidations.
<b><i>Leadership:</i></b> Turning a Retreat into an Advance
June 01, 2016
According to the author, "Retreat" should be referred to an "Advance": 1) to move or bring forward; 2) to bring into consideration or notice; suggest; propose; 3) to improve; further, to advance one's interests.
FCC's Proposed Rulemaking For Broadband Internet Access Providers
June 01, 2016
In 2015, the FCC issued its Open Internet Order, applying Section 222 of the federal Communications Act to broadband Internet access services (BIAS), and in doing so took jurisdiction over privacy and data security matters for Internet Service Providers (ISPs). Having taken on BIAS, the Commission needed to address the FCC's privacy and data protection regulatory scheme.
Third-Party Intermediary FCPA Exposures
June 01, 2016
In last month's newsletter, the author shone a light on the risk that a third party ' like a consultant, agent, broker or distributor ' will involve the company in activities that could expose it to liability for violations of the the Foreign Corrupt Practices Act (FCPA), the government's primary weapon against bribery of foreign officials. That discussion concludes herein.
In-House Counsel: Protecting the Privilege in a Post-Yates Memorandum World
June 01, 2016
Internal investigations have always posed vexing issues. In-house counsel need to make difficult decisions on matters such as scope and purpose of the investigation, who will conduct the investigation, how costs will be controlled, and the work product that they will generate.
Landlord & Tenant
June 01, 2016
A look at a case in which a landlord recovered in a nonprimary residence proceeding.
IP News
June 01, 2016
Federal Circuit: A Computer Database Logical Model Is Not an Abstract Idea If Directed At a Specific Implementation of a Solution to a Problem In the Software Arts <br>Federal Circuit: In Claim Construction Analysis, Plain Term Meanings and Presumption of Claim Differentiation Get Outweighed By Intrinsic Evidence and Prosecution History
Building the Better Buy-Sell Agreement
June 01, 2016
Buy-sell agreements are arrangements between owners of a business where one or more owners agree that they will purchase the interest of an owner who withdraws or becomes deceased. Essentially, a buy-sell agreement is similar to prenuptial agreement between business owners, which details the financial aspect of the unwinding of the business relationship.

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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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