The first quarter of this year has been marked by a rise of awareness and legal activity surrounding the question of behavioral, or targeted, advertising ' a significant area of operation and interest for e-commerce firms.
Having negotiated and drafted supply contracts throughout the United States and Canada, as well as other parts of the world (with the help of local counsel), the author has observed that the key legal issues are usually the same. Four of the most fundamental are: 1) getting paid; 2) warranties; 3) indemnities; and 4) limitations of remedies.
With the extension of the full suite of federal incentive programs for wind energy projects — this year with increased depreciation benefits — and tax equity still elusive, well-structured sale leaseback transactions may continue to help wind projects get financed.
A federal jury has rejected Mattel Inc.'s claims that MGA Entertainment Inc. stole the idea for the wildly profitable Bratz dolls, and instead awarded $88.5 million to MGA for trade secrets theft by Mattel.
A federal jury has rejected Mattel Inc.'s claims that MGA Entertainment Inc. stole the idea for the wildly profitable Bratz dolls, and instead awarded $88.5 million to MGA for trade secrets theft by Mattel.
Many experienced matrimonial lawyers have not yet been trained in the collaborative process. However, many litigators have learned that the language of collaboration will serve them admirably in their work and will enhance the outcome for their clients positively.
With 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.
“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.
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.
The 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.
While 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.
