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'Unreliable ' Articles, 'Trial by Literature ' Revisited
January 31, 2015
The reliance upon, and use of, unreliable hearsay literature by expert testifiers is a challenging topic that cuts across the spectrum of complex litigation. Often, the literature is comprised of technical or scientific articles published in some journal with a claim that the published work product has been "peer reviewed." The problems seem to have exacerbated.
Cameo Clips
January 31, 2015
Texas Court of Appeals Upholds Ruling for Lawyer Defendant in Malpractice Suit over TV Network Stock Dispute<br>TV Executive Can't Get Punitive Damages from Alleged Fraud in Hiring
Development
January 31, 2015
A case in which a challenge to a positive SEQRA determination was not ripe.
Law Firm Leaders Struggle with Setting Firmwide Rates
January 31, 2015
Rate-setting has proven a bit vexing for firm leaders as they grapple with setting rates in an era where firms span multiple markets and practice concentrations, clients aren't willing to pay the published rates, and alternative fee deals are a growing part of firm revenue.
Laying a Foundation for Integrated e-Discovery Systems
January 31, 2015
Typically, the production of data in litigation involves a series of disconnected actions involving several corporate or cloud-based systems. These disassociated e-discovery activities ' identify, preserve, collect, and track (IPCT) ' are then feed into a downstream set of processing, review, and production (PRP) steps often hosted outside the corporate firewall. Fortunately, technology advances are helping counsel and client alike to integrate systems and streamline processes both inside and across the firewall.
Special Needs Families in Divorce
January 31, 2015
When parents of special needs children experience a divorce, family law attorneys are in a unique position: Not only can they handle the divorce proceedings, but they can also steer their clients toward a plan for maintaining or establishing valuable Medicaid benefits.
The Tax Increase Prevention Act of 2014
January 31, 2015
On Dec. 19, 2014, the President signed into law the long-awaited year-end tax package, the Tax Increase Prevention Act of 2014 (TIPA). This law extended to the end of 2014 many but not all of the individual, business, and energy provisions that expired at the end of 2013. .
Measuring Firm Quality with Client Value Initiatives
January 31, 2015
When it comes to competitive pricing, both clients and law firms are more and more focused on quality. That sounds good, but how can quality best be represented in actual metrics?
<b><i>Social Media Scene:</i></b> How Social Media Has Changed PR and Corporate Communications at Law Firms
January 31, 2015
Technology has become a disruptive force in the legal industry and in the way legal services are delivered. Perhaps no technology has had a larger impact in the way law firms communicate with their clients and prospects than social media.
LinkedIn: Your To-Do List
January 31, 2015
"I'm a creature of routine," a successful law firm partner told the author. "If I only had a list of things to do on LinkedIn, I know I could get those tasks completed on a daily basis. I just don't know what to do." Here is a list of things to do.

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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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