Features
Digital Copiers Don't Forget
Risk mitigation requires a good understanding of where the vulnerabilities are, and one that many companies have missed is the sensitive data that likely reside in the hard drive memories of printers, copiers, and fax machines.
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Lease Accounting Project Update
After the February FASB/IASB Lease Accounting Project meetings,the Boards added a fourth approach that the ELFA has been recommending from the start of the Lease Project.
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Practice Pointers for Working with Expert Witnesses in Bankruptcy Court
This article provides some examples of how expert witnesses are used in bankruptcy court, and an overview of some issues that practitioners should be mindful of when working with experts in bankruptcy court.
Features
Independent Contractor Classification
The classification of independent contractors is garnering increased attention at both state and federal agencies and courts. This article outlines some general guidelines based on recent state and federal court decisions.
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Lehman Brothers' ADR Procedures for Resolving Its Derivative Contracts in Bankruptcy
Lehman Brothers' bankruptcy case was the largest and most complex Chapter 11 case in history. Here's an inside look.
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Retirement Assets for Equitable Distribution
The conclusion of a discussion, begun last month, about a hypothetical divorcing couple. The husband would like to keep all of his retirement savings, 150% of the value of the couple's home, which the wife would like to keep as her own.
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Retaining Local Counsel When Dividing Retirement Assets
Dividing retirement assets in equitable distribution is well known among matrimonial practitioners as one of the most confounding, and potentially complex, areas of our practice. Do you need outside counsel?
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Representing a Celebrity Client
Famous clients' net worth, income and the details of their investments are never publicly revealed. Custody is not disclosed. It is all kept private. How?
Features
ICANN and Pornographers: Comrades in Arms?
According to the press reports, the Florida-based company that bought the .xxx domain last year and reaped millions in registration fees from companies, universities, organizations and individuals seeking to protect their trademarks and names from being associated with pornography (with no intent of ever using the sites) has applied to own three more ' sex, .porn and .adult.
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Courts in Australia And the U.S. Address Google's AdWords Program
Appellate courts in both the United States and Australia recently addressed whether Google, Inc. violated the country's respective trademark laws through the use of third-party trademarks as keywords in Google's AdWords advertising program. Google suffered legal losses in both countries.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (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.Read More ›
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- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›