Features
Digging into Data To Build a Vendor Management Program
For law departments, today's business environment is making it increasingly difficult to manage, control or reduce costs while being able to achieve satisfactory results. This is forcing companies to become more efficient in managing and controlling legal costs handled both internally by the organization and externally by outside counsel.
Columns & Departments
Bit Parts
Copyright Act Doesn't Bar Separate Attorney-Fee-Shifting Provision<br>No Federal Jurisdiction over Songs Suit
Features
Monitoring Employee Social Media Activity
Last year, the Pew Center released its demographic data on social media usage. The data revealed that ' regardless of age, race, sex, education or income ' nearly 75% of all adults in the United States who use the Internet use social media. The time is ripe to examine the pros, cons and pitfalls of monitoring employee social media postings from a legal perspective.
Features
When Will the New European Data Laws Come In?
One of the most frequent questions that we have at the moment is about the timetable for Europe's changes to data protection laws. Needless to say, there is no definite answer. However, the path forward may recently have become just a little clearer.
Columns & Departments
In the Marketplace
Who's going where; who's doing what.
Features
The Changing Face of Legal Research
Executing a powerful business development plan is a challenge every attorney faces. For attorneys at small firms and with solo practices, doing it without breaking the bank is one of the biggest hurdles to a thriving practice.
Features
Copyright Preemption Defeats Wrestler's State Claims over ESPN Re-Telecasts
The U.S. Court of Appeals for the Eighth Circuit affirmed that former Universal Wrestling Federation wrestler Steve "Wild Thing" Ray's state law claims, over ESPN's re-telecast of his 1990s matches, were preempted by federal copyright law.
Features
SEC's Final Regulations for Implementing JOBS Act Crowd-Funding Capital Raising
The SEC issued draft regulations for implementing Title IV of the JOBS Act on March 25, 2015. The new regulations offer a way for an issuer to run an Internet-based, crowd-funding securities offering to both accredited and non-accredited investors.
Features
The LPM Maturity Model
Unless you are deaf to the present realities in today's legal marketplace, you now hear the steady drumbeat of client-focused legal service delivery: a persistent rhythm driving you toward Legal Project Management (LPM). Clients are insisting that firms price and deliver services that fit their tolerance for risk, produce excellent results and keep the work within budget ' all in the most efficient manner.
Features
Connecting the Legal and Tax Departments
Now that the personal tax return deadline has passed, it might be a good time to consider your company's tax needs. Counsel at a Fortune 500 company recently told a colleague of ours that all of their tax matters are handled entirely outside of the legal department. This arrangement is not good. Corporate counsel and accountants must work together to bring the full measure of the company's resources to bear on tax-related issues.
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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 ›