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The Evolution Between Outside and Inside Counsel
September 02, 2015
In this article, we bring the views and opinions from the client's perspective into focus on issues involving pricing, service, marketing, strategy, differentiation and more.
<b><i>The Voice of the Client:</i></b> Fruitful Feedback.How to Talk to Your Client So That Everyone Benefits
September 02, 2015
<I>"94% of global law firm clients were not asked for any formal feedback from their primary law firm." ' Acritas' Sharplegal research. "53% of law firms do not have a formal client feedback program." ' Citi 2013 Law Firm Leaders Survey.</I> It seems that many law firms aren't doing a particularly good job of talking with their clients. Why do so many firms fall down here?
It's Time for a Data Protection Checkup
September 02, 2015
This article is part of a series based on the BakerHostetler Data Security Incident Response Report. It focuses on developing and maintaining an information governance (IG) program. Look for further installments in future issues.
Behind the SEC's Recent Crackdown on Compliance Officials
September 02, 2015
On June 18, 2015, SEC Commissioner Daniel Gallagher wrote in a statement placed on the SEC website that the SEC was sending a "troubling message": Chief compliance officers (CCOs) should not take ownership of their firms' compliance policies and procedures, lest they be held accountable for conduct that is not really their responsibility.
Does a Tenant's Right of Possession Trump a Sale Under Section 363?
September 02, 2015
This article explores several recent decisions evaluating whether a tenant's rights under section 365(h) survive a sale of the debtor's assets free and clear of all liens, claims, and encumbrances pursuant to section 363(f).
'Why Her and Not Me?' Best Practices for Initiating and Maintaining Relationships with Reporters
September 02, 2015
Reporters are under tremendous pressure to publish their stories quickly and attract readers. That makes it even more imperative for communications professionals to make it easy for journalists to remember which of your firm's attorneys are available for comment on key issues, have something to share that is both insightful and has bottom-line impact, and are readily accessible for comments.
<b><i>Professional Development:</i></b> The Key to Successful Summer Programs
September 02, 2015
Summer has just passed, and we are all heavily involved in the final months of the year. Nevertheless, now is the time to prepare for next summer, and here is why.
A Practical Primer On Production Format Requests
September 02, 2015
The electronic format that electronically stored information is produced in is a necessary component of e-discovery. This article offers a primer on production format issues by diagramming a template request in order to explain both the technical meaning and practical significance of the terms.
FTC, Federal Court Views on Fraud In Crowdfunding Ventures
September 02, 2015
In a release this summer, the FTC announced it had brought and settled its first case involving crowd-funding. The settlement order should serve as a reminder that strong legal remedies at both the state and federal level are available to defrauded contributors.
Equal Dignity in the Eyes of the Law
September 02, 2015
In a landmark decision, the Supreme Court of the United States has affirmed that the right to marry is "a fundamental right inherent in the liberty of the person," and that "under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty."

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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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