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James T. Ashe, Stephen D. Lassar and Daniel R. Roche of Marcum provide a look into publicity right and a discussion of the landmark ‘Estate of Virginia C. Andrews v. United States’ and the methodologies utilized in the appraisal of the intangible assets that are typically seen in the estates of literary authors.
Craig A. Jacobson, a principal in the valuation and forensic services group at Citrin Cooperman & Company, writes: Of the common types of intellectual property, trade secrets have perhaps received the least attention from the valuation community. However, as secrets have become more difficult to maintain due to technological changes, the importance of understanding valuation and damages issues related to trade secrets has increased.
James D. Rosener and Edward T. Dartley of Pepper Hamilton write: The SEC made the integrity of the valuations by fund managers of portfolio company investments one of the agency’s top priorities. This effort reflects concerns raised by the SEC (and others) that such valuations have significant impact on marketing activities, the use of track records in fund raising, on secondary market trading of fund interests, and fund restructurings. Others wonder whether these concerns are justified.
Arthur J. Steinberg and Gary A. Ritacco of King & Spalding write: Recently, courts have considered whether the §546(e) “safe harbor” applies to protect public shareholders in constructive fraudulent transfer litigation if the plaintiffs are creditors suing under state fraudulent transfer laws after the bankruptcy estate representative has declined to do so because of the §546(e) “safe harbor” provision. These cases, if upheld on appeal, will require the court to consider the proper result for the passive, tendering shareholder, who happened to be an investor in a company that did the LBO that ultimately failed.