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Legal Incubators and Legal Hackers
May 02, 2015
Legal training in law schools prescribes an unflinching adherence to precedent. This paradigm is further reinforced in most traditional legal practice settings. In contrast, the legal hacking ethos directly attacks the rigidity of the precedent-based mindset. Legal hackers don't think: "what's been done before?" but instead "what can we do now?"
Landlord & Tenant
May 02, 2015
A ruling in which the court adopted a broad construction of RPL 234.
Does a Broker's Tail Ever Stop Wagging?
May 02, 2015
A "tail period" is a standard clause in a listing agreement that requires the broker to register certain parties or transactions and a period of time during which the broker shall be protected and recognized as the broker for the transaction, entitled to be paid its commission pursuant to the listing agreement.
NLRB Shields Online Rants
May 02, 2015
To some, a recent labor board ruling about social media marks the end of workplace civility. To others, it's a boost to protected speech.
Securing a Document Review Center: A Practical Guide
May 02, 2015
Much ink has been spilled in recent years about information security, hacker exploits and hardware and software products used to thwart hackers. Not a single day goes by without news pertaining to the discovery of vulnerabilities in the software we use and cherish, and to hacker exploits affecting the companies we use in our daily lives.
Communicable Diseases
May 02, 2015
In the past year, communicable disease outbreaks have dominated the headlines. In light of these public health threats, employers are struggling to ascertain their rights and obligations toward their workforce, including those who are infected, exposed, or at-risk.
Are You Paying Your Employees by Commission?
May 02, 2015
Many retail and service employers try to simplify their payroll obligations by labeling certain employees as "commission" or "commission only." While federal law permits this practice in some circumstances, the rules are complicated and present many traps for the unwary.
ICANN Betting on '.law' Domain
May 02, 2015
Coming this summer, there will be a new way for law firms and lawyers to distinguish themselves on the Internet: a ".law" top-level website domain.
Is It Time to Rebuild the U.S. Franchise Regulatory System?
May 02, 2015
If you took a snapshot of all the laws and regulations governing franchising in the United States in 1979, and then took another snapshot of all the laws and regulations governing franchising today, you would find them very similar. While the rest of the world, including franchising, has been dynamic and constantly changing, franchise regulation has been, essentially, static.
Why Upgrade Your iPad, iPhone to iOS 8.3?
May 02, 2015
Apple Inc. recently released iOS 8.3, an update to its iPhone/iPad operating system. Far from a minor "maintenance" release, iOS 8.3 includes an array of fixes and features that make iPhones and iPads more useful, reliable and secure.

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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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