Features
FCPA: Recent Enforcement Activity Sounds Warning for Financial Services Industry
When Cheryl J. Scarboro, Chief of the SEC's Foreign Corrupt Practices Act (FCPA) enforcement unit, remarked in November 2010 that her unit "will continue to focus on industry-wide sweeps and [that] no industry is immune from [FCPA] investigation," the financial services industry would have been wise to take notice.
Features
What In-House Counsel Should Know About the New Lease Accounting Standards
New accounting laws are in the final stages of being enacted. What does this have to do with in-house counsel? An explanation of the new standards and why they matter.
Features
10 Tips for Helping Corporate Legal Departments Demonstrate Value
It is no longer enough to simply be a great lawyer and risk manager; corporate counsel must be effective business managers and be able to demonstrate the value they create for their companies in order to be considered successful.
Features
Implementing Change in a Franchise System
franchisors should examine their existing franchise agreements and cultures, to make sure that when the time comes for a change to be made expeditiously, the franchisor will have the mechanisms to meet the changing market conditions.
Features
Storage Space in a Retail Facility
This article addresses suggests some ways in which a tenant can be certain that its storage space agreement works in concert with its retail lease.
Features
Overview of 2011 Food Safety Legislation
Although the FSMA has been heralded as bringing about an overhaul of the U.S. food system, questions remain as to its full force and effect.
Features
<i>En Banc</i> Rehearing Demanded on Facebook-ConnectU Settlement
When the Ninth Circuit denied Cameron and Tyler Winklevoss and Divya Narendra's request to have their settlement with Facebook overturned last month, it made headlines, most likely due to the depiction of the legal battle in the Academy Award-nominated film, <i>The Social Network</i>. But despite being told by the court to be happy with the "quite favorable" settlement amount, the attorney leading the fight isn't ready to give up.
Features
Mixed Summary Judgment Ruling in Ringtones Litigation
Record labels have taken a lot of heat for being slow learners when it comes to profiting from Internet-era trends like downloads of mobile ringtones, but the labels haven't been shy in one area: copyright litigation against online purveyors of their artists' music. Musicians, meanwhile, have targeted the labels for allegedly stiffing them on royalties when customers pay for their music online.
Features
Charlie Sheen's Trademark Counsel
Wilmington, DE-based Connolly Bove Lodge & Hutz has ventured into the world of pop culture through its Los Angeles office. Records on file with the U.S. Patent and Trademark Office show that partner Grant T. Langton is helping Charlie Sheen, the former star of the CBS sitcom <i>Two and a Half Men</i>, with a trademark endeavor. Sheen is trying to trademark 22 catchphrases, as well as his name and signature.
Features
Strategies for Using the IFTA Arbitration Process
More film productions have become international affairs, with shooting in faraway exotic locations, post-production in still other foreign countries, production funding from international sources, and sales in both foreign and domestic markets. The question then is how best to resolve disputes arising among the vast cast of characters in an efficient and cost-effective manner.
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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 ›
- 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.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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- 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 ›