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The First Five Years of the SEC Whistleblower Program
May 01, 2016
With well-publicized SEC settlements now routinely tipping into the tens of millions of dollars, the monetary rewards to a successful tipster might be huge. The Dodd-Frank Act called those tipsters "Whistleblowers," and the SEC's official Whistleblower program opened for business in August 2011. Here's what has happened since.
Court Watch
May 01, 2016
Third Circuit Affirms Denial of Injunctive Relief to Franchisor, Concluding Concessions of Counsel Disproved Irreparable Harm<br>Fifth Circuit Issues Cautionary Note to Franchisees That Plead Their Claims Haphazardly
Trio of Plaintiffs' Verdicts in Risperdal Litigation Present Significant Issues for Johnson & Johnson
May 01, 2016
A series of three verdicts for plaintiffs, the most recent in December 2015, may present significant litigation issues for Johnson &amp; Johnson and its subsidiary, Janssen Pharmaceuticals. The suits were all based upon claims that the manufacturer failed to provide adequate warnings regarding Risperdal gynecomastia ' a condition that involves abnormally enlarged male breast tissue, especially among adolescent boys.
Verdicts
May 01, 2016
In-depth analysis of a case involving a deceased patient's medical records.
Industry Growth Forecast
May 01, 2016
The Equipment Leasing &amp; Finance Foundation (ELFA) has released its Q2 update to the 2016 Equipment Leasing &amp; Finance U.S. Economic Outlook, which lowered its yearly equipment and software investment forecast to 2.7%, down from 4.4% growth forecast in its 2016 Annual Outlook released in December 2015.
Beware 'Spoofed' E-Mails
May 01, 2016
Law firms, companies and other entities need to be on guard for an increasingly frequent, sophisticated online fraud that uses "spoofed" e-mails.
FCC Proposes Rules That Impact Online Privacy
May 01, 2016
'Broadband Internet access service" (BIAS) is the essential conduit for the conduct of our daily personal and private lives, without which all Internet activity comes to a stop. Because BIAS is largely invisible, Rarely do we consider that ISPs that provide BIAS to consumers have extraordinarily broad access "to very sensitive and very personal information." The FCC has adopted a NPRM that proposes to establish privacy guidelines applicable to ISPs.
Cooperatives & Condominiums
May 01, 2016
Must a board consent to an assignment based on the financial strength of a non-resident co-owner when the resident co-owner does not have assets or income sufficient to maintain the apartment? Comment and analysis of a case involving this question.
Recent FCPA Prosecutions and the DOJ's Enforcement Plan Highlight Third-Party Intermediary Exposures
May 01, 2016
While partnership abroad may be essential to business success, it creates significant risk under the FCPA the government's primary weapon against bribery of foreign officials. Recent FCPA prosecutions by the DOJ and the SEC illustrate the risks for companies that fail to adequately vet and monitor third-party intermediaries.
Trio of Plaintiffs' Verdicts in Risperdal Litigation Present Significant Issues for Johnson & Johnson
May 01, 2016
A series of three verdicts for plaintiffs, the most recent occurring in December 2015, may present significant litigation issues for Johnson &amp; Johnson and its subsidiary, Janssen Pharmaceuticals.

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    “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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