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Global Corruption Enforcement
November 30, 2014
Counsel, directors and managers of multinational companies that have corporate compliance programs and codes of conduct in place may think the company has done all it can to reduce the risks posed by potential corrupt employee actions. But these things may not go far enough.
Spotting Unreliable Child Interviews
November 30, 2014
It is not uncommon for forensic child custody evaluations (CCEs) to include detailed interviews with children that focus, to some extent, on alleged events in a family that may be relevant to a best interests determination. Unfortunately, not all child interviews are created equal, and a biased or unskilled evaluator can shape or distort a child's recollection of family history by violating basic principles for maximizing reliability in child reports.
What's New in the Law
November 30, 2014
A roundup of recent rulings.
UK Forced Data Access Illegal As of Dec. 1
November 30, 2014
The practice of employers forcing current employees (applying for new positions internally) or prospective employees to obtain and disclose the results of a data access request from the police is now a criminal offense in the UK as of Dec. 1, 2014.
$7.3 Million Award For Discovering Lady Gaga
November 30, 2014
A federal jury in Newark ordered Robert Fusari, a record producer credited with launching the career of Lady Gaga, to pay $7.3 million to a songwriter who claimed she brought the two together.
Law Firm Security Pressures Alleviated with Financial Strategies
November 30, 2014
We know the consumer-industry stories of hackers infiltrating Target and, more recently, Home Depot. "Here's the thing about breaking into a multi-billion-dollar company and stealing the credit card information of millions of customers: It's just not that hard." -- Mashable.com
<i>Res Judicata</i> and Collateral Estoppel In Subsequent Arbitration Proceedings
November 30, 2014
It is not uncommon in the realm of reinsurance disputes ' where the reinsurance contracts at issue very often require an arbitral forum ' for a party that has been victorious on an issue or claim in an initial arbitration (or lawsuit) to attempt to preclude its opponent or a related party from re-adjudicating that same claim or issue in a subsequent arbitration.
Verdicts
November 30, 2014
In-depth analysis of litigation involving a clinical trial ruling.
Social Media Invades and Modernizes Employment Practices
November 30, 2014
Social media sites present a potential treasure trove of information on applicants, but mining this information for use in recruiting, hiring, firing and monitoring of employees is fraught with risk. This article explores practices to avoid and offers guidelines on how to use social media in ways that minimize exposure.
The Internet of (Legal) Things
November 30, 2014
Technology research firms such as Gartner predict that, in five to 10 years, the number of smart devices will balloon to more than 26 billion. Welcome to the "Internet of Things" (IoT) ' the web of embedded computing devices that interact with our everyday lives.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “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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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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