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Equipment Lessors, Beware
November 30, 2015
On Dec. 31, 2015, amendments to the conflict of laws provisions under the Ontario Personal Property Security Act (PPSA) will be active. Lessors should ensure that they search in the right jurisdictions and register their security interests in accordance with the new rules.
Business Crimes Hotline
November 30, 2015
A look at a case out of California in which a former DEA agent was sentenced for extortion, money laundering, and obstruction of justice.
Landlord & Tenant
November 30, 2015
In-depth analysis of a case in which declarations on tax returns precluded a tenant's claim.
Bit Parts
November 30, 2015
DJ Logic" Loses Trademark Suit<br>Second Circuit Affirms Jury Instruction That Cited Only Part of Copyright Act's List of Fair Use Factors<br>Ticket Sales of Just $180 Don't Bar Statutory Damages of $7,000 Per Song Infringed
Anticorruption Enforcement In Brazil
November 30, 2015
Last month, the authors discussed the rise in high-profile corruption investigations in Brazil, the most glaring example of which is the Petrobras scandal, which is currently sweeping up corporations and politicians alike in its wake. Considering this increased emphasis on rooting out corruption, the authors noted it would be wise for companies operating in Brazil to pay careful attention to their operations there, to ensure compliance with Brazilian and other countries laws. That discussion concludes herein.
<b><i>Marketing Tech:</i></b> Glamorizing Your Law Firm with Modern Technology
November 30, 2015
If there was ever a time in history that a law firm should "go Hollywood," this is it. Jumping on the promotional tech bandwagon may mean the difference in your law firm rising to the top of your industry to beat out the competition, or fading into non-existence.
Mobile App Developer Agreements
November 30, 2015
Many companies that have had disputes with developers have been surprised to discover that the agreements signed, often without input from legal, failed to hold developers to measurable standards, give the company ongoing interest in deliverables, or provide meaningful remedies to problems that arise.
Trans-Jurisdictional Transactions
November 30, 2015
When company transactions and legal issues cross borders ' so-called trans-jurisdictional transactions ' companies begin facing expansive and complex legal issues related to those transactions.
Internal-Use Software
November 30, 2015
The tax credit for research and development (R&amp;D) of internal-use software under Section 41 of the Internal Revenue Code has been renewed 16 times since its implementation in 1981. The Currently, it has not been extended beyond calendar year 2015.
Social Media Discovery
November 30, 2015
Because 'information that an individual shares through social networking websites like Facebook may be copied and disseminated by another,' the expectation that such information is private, in the traditional sense of the word, is not a reasonable one.

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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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