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Whose Space? Discovery of Social Networking Web Sites Image

Whose Space? Discovery of Social Networking Web Sites

Ronald J. Levine & Susan L. Swatski-Lebson

This article explores a social networking site user's right to privacy, an adversary's right to obtain information from that site, and the admissibility of the information.

Features

Cooperatives & Condominiums Image

Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

In-depth analysis of recent rulings.

Features

Second Circuit Clarifies ADA Obligations Image

Second Circuit Clarifies ADA Obligations

By Stewart E. Sterk

What building modifications trigger an obligation to comply with the accessibility requirements of the Americans with Disabilities Act (ADA)? The Second Circuit addressed that question in <i>Roberts v. Royal Atlantic Corp.</i> and reached a number of important conclusions.

Features

Practice Tip: Foreign Statutes of Limitations Image

Practice Tip: Foreign Statutes of Limitations

Lawrence Goldhirsch & David Rosenband

When you file a suit on behalf of an out-of-state plaintiff, the state in which you file may have a borrowing statute. This type of statute usually prevents forum shopping by requiring the out-of-state plaintiff to file his case in the forum state within the statute of limitations permitted by his home state. Following is an analysis of this situation.

Features

Ethical Issues of the 21st Century Image

Ethical Issues of the 21st Century

Frederick L. Whitmer & Benjamin D. Goldberg

In Part One of this article, the authors covered ethical issues relating to e-mail. In Part Two below, they discuss ethical issues related to e-discovery and social networking and blogs.

Features

<i>Veoh</i> Ruling: Protecting Service Providers or Is It a Trap Door? Image

<i>Veoh</i> Ruling: Protecting Service Providers or Is It a Trap Door?

Steven Masur

The recent ruling in <i>Io Group Inc. v. Veoh Networks Inc.</i> has been widely heralded as a win for online service providers in the legal maelstrom surrounding social media. Veoh is an Internet TV platform similar to YouTube that hosts user uploaded content. When clips from adult movies owned by Io Group appeared on Veoh's network, Io brought a copyright infringement suit, rather than issuing DMCA notices to Veoh requesting that its content be removed. Io lost its case.

Features

<b><i>Decision of Note:</i></b> FL Federal Court Has Jurisdiction Over TN Manager Image

<b><i>Decision of Note:</i></b> FL Federal Court Has Jurisdiction Over TN Manager

ALM Staff & Law Journal Newsletters

The U.S. Court of Appeals for the Eleventh Circuit decided that a federal district court in Florida had personal jurisdiction over a Tennessee-based personal manager who used the indicia of a Florida musician on his Web site.

Features

New Jersey's Truth-in-Music Law Challenged Image

New Jersey's Truth-in-Music Law Challenged

Charles Toutant

Vocal groups from the 1950s don't just fade away ' they splinter into separate acts that go on to fight over which is a true descendant of the original. In the U.S. and Canada, there are no fewer than 10 groups performing as The Drifters, or some minor variation. To help fans separate bona fide artists from pretenders, New Jersey and 26 other states have passed the "Truth in Music Act," forbidding performers to advertise themselves as affiliated with a recording group unless they demonstrate the connection by specified means.

Features

U.S. Financial Bailout Brings New Amendment To Section 181 for the Deduction of Film Costs Image

U.S. Financial Bailout Brings New Amendment To Section 181 for the Deduction of Film Costs

Schuyler M. Moore

The new $700 billion U.S. financial bailout bill included some tax zingers to buy off House of Representative votes. One such zinger was an extension and amendment to Internal Revenue Code Sec. 181, which now provides a deduction for the first $15 million of the cost of certain films produced in the U.S. This article summarizes Sec. 181, including the impact of the Amendment and the IRS Temporary Regulations issued last year.

Features

Record-keeping: It's Time to Double-Check Your Procedures Image

Record-keeping: It's Time to Double-Check Your Procedures

Matthew C. Lonergan

In an era where employment laws continue to evolve, an important, but often overlooked, aspect of legal compliance is an employer's record-keeping procedures. Here's what you need to know.

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MOST POPULAR STORIES

  • 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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