Columns & Departments
Bit Parts
Fair Use of Abbott and Costello "Who's on First?" Comedy Routine<br>Voice Sample in Beyonc' Hit Didn't Violate Plaintiff's Right of Publicity
Features
SEC Sets Limits on Crowdfunding
On Oct. 30, 2015, the SEC issued new regulations to complete its work for implementing the sections of the JOBS Act that, for the first time, permit use of the Internet to raise equity financing. These latest regulations are scheduled to go into effect on May 16, 2016.
Features
Does Liability Insurance Cover Fantasy Sports Disputes?
It used to be that fantasy sports had to be a season-long commitment. But some people (either on their own or at the urging of their significant others) did not want to take on that type of time commitment or incur the cost of competing in a full-season league. Enter daily fantasy sports (DFS), which has given sports fans a more efficient outlet to achieve the fantasy adrenaline rush .
Features
The Inevitable Reinvention of the e-Discovery Industry
Electronic discovery professionals should consider a future where their current skills no longer merit the salaries they are accustomed to commanding. The current talents and knowledge bases that allow for professional leverage or vertical mobility in today's e-discovery job market still have, and will always have, immense value to their employers. However, the growing reality is that employers will not need ' or be able ' to compensate the professional population with premiums in salary.
Features
111010001: An Article of Commerce?
In <i>ClearCorrect Operating, LLC v. ITC,</i> the Federal Circuit limited the ITC's jurisdiction over digital commerce. In a 2-1 decision, the panel held that the ITC lacks authority to regulate digital imports.
Features
Infringement In The Cloud
The delivery and discovery of media over the Internet has left the hackers and pirates behind and become part of the licensed distribution chain, just as videotape did. The term "file sharing" is now more likely to describe a multi-billion dollar, cloud-based collaboration platform than a piracy site. And courts are beginning to examine the law of contributory infringement in that complex new context, as U.S. District Judge Andrew Carter did recently in <i>Smith v. BarnesandNoble.com.</i>
Features
Opening the Books
The criminal fraud trial of three former executives of Dewey & LeBoeuf last year cast a spotlight on an arcane, often tedious but essential part of the operations of any big law firm: accounting practices.
Features
Revisiting Allocation of Basis Issues
The courts have taken varying approaches to determining the basis of stock that is received by an insurance policyholder in exchange for the policyholder's surrender of membership rights in a mutual insurance company, in a "demutualization" transaction. While this may seem to be a narrow and abstruse question, the approaches taken by the courts may have application in other areas of the tax law affecting analogous transactions.
Features
Catching Counterfeiters With Page Vault
As the CEO and founder of IPCybercrime, my team and I have developed a systematic approach to investigating the online sale of fake branded goods. We work with law firms and corporate counsel to build cases against the counterfeiters. In the last decade, we've assisted in shutting down hundreds of thousands of websites offering counterfeit goods for sale. In many cases, $100s of millions were at stake.
Features
Preparing for a Data Breach with Cyber Insurance
Data breaches continue to escalate and garner national attention. The most recent news-making incident was the hack of electronic toy maker, VTech.
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- 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 ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- 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 ›