Features
<b><i>Online Extra:</b></i> Phishing, Attacks Top Data Concerns of Law Firm CIOs
Detection and deflection: It may seem like an old boxing adage, but what it really stands for, as our ALM sibling The American Lawyer's 20th annual technology survey finds, is law firms' re-engineered approach to security.
Features
<b><i>Online Extra: </b></i> 7-Eleven Hit With Discovery Sanctions in NJ Franchise Case </b></i>
A federal magistrate judge in Camden has sanctioned 7-Eleven Inc. for what he said were repeatedly deficient discovery responses in a case alleging the company unlawfully targeted South Jersey franchisees and owners for termination.
Features
<b><i>Online Extra:</b></i> Florida: Uber Drivers Are Contractors, Not Employees
Uber drivers in Florida will be considered independent contractors rather than employees, the Florida Department of Economic Opportunity determined on Dec. 3 in a victory for the app-based ridesharing company.
Features
<b><i>Online Extra:</b></i> Florida: Uber Drivers Are Contractors, Not Employees
Uber drivers in Florida will be considered independent contractors rather than employees, the Florida Department of Economic Opportunity determined on Dec. 3 in a victory for the app-based ridesharing company.
Features
Wage and Hour Red Flags
In today's litigious environment, many California employers, despite their best intentions, are frequently hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. This article discusses some of the more common mistakes occurring in this minefield, and strategies to consider when such claims are filed.
Features
'Ambiguous' Franchise Agreement Sinks Franchisor
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a judgment entered in favor of a group of franchisees who sued for breach of contract when the franchisor charged them royalties and fees that the parties negotiated specifically to exclude from their franchise agreements.
Features
Controversy from Talent Lawyer's Article on JAMS
Arbitration provider JAMS is staying neutral, sort of, on an entertainment litigator's claim that it favors big studios in arbitrations and mediations. The claim, made by Bird Marella partner Ronald Nessim in a law review this summer, is essentially that JAMS has a lock on studio business, with the overwhelming majority of studio contracts reviewed by Nessim naming JAMS as the dispute resolution provider.
Columns & Departments
Bit Parts
DJ Logic" Loses Trademark Suit<br>Second Circuit Affirms Jury Instruction That Cited Only Part of Copyright Act's List of Fair Use Factors<br>Ticket Sales of Just $180 Don't Bar Statutory Damages of $7,000 Per Song Infringed
Features
Mobile App Developer Agreements
Many companies that have had disputes with developers have been surprised to discover that the agreements signed, often without input from legal, failed to hold developers to measurable standards, give the company ongoing interest in deliverables, or provide meaningful remedies to problems that arise.
Features
Internal-Use Software
The tax credit for research and development (R&D) of internal-use software under Section 41 of the Internal Revenue Code has been renewed 16 times since its implementation in 1981. The Currently, it has not been extended beyond calendar year 2015.
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MOST POPULAR STORIES
- 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 ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.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 ›