Features
Third Circuit Revives Challenge to Firm's Debt Collection Practices
A lawsuit over a law firm's foreclosure practices on behalf of Bank of America has been revived by the Third Circuit. But while the appeals court revived the plaintiff's federal claims, it upheld the dismissal of the state law claims after it predicted how the Pennsylvania Supreme Court would rule on the issue.
Features
<i>B&B</i> Offers Rest And Repose
The U.S. Supreme Court, in <i>B&B Hardware, Inc. v. Hargis Industries</i>, concluded that a TTAB finding of likelihood of confusion can have preclusive effect in a later infringement litigation.
Features
Battling Grey Goods? Advantages of ITC Now Writ in Black and White
Customers in the United States often pay more for valued branded goods than buyers of the same goods in less well-developed economies. Higher prices here in the U.S. in turn support profits and shareholder value for manufacturers of branded goods, and strengthen domestic industry.Yet this pricing disparity for the same products in different markets creates an incentive for the so-called grey market.
Features
Securing a Document Review Center: A Practical Guide
Much ink has been spilled in recent years about information security, hacker exploits and hardware and software products used to thwart hackers. Not a single day goes by without news pertaining to the discovery of vulnerabilities in the software we use and cherish, and to hacker exploits affecting the companies we use in our daily lives.
Features
Is It Time to Rebuild the U.S. Franchise Regulatory System?
If you took a snapshot of all the laws and regulations governing franchising in the United States in 1979, and then took another snapshot of all the laws and regulations governing franchising today, you would find them very similar. While the rest of the world, including franchising, has been dynamic and constantly changing, franchise regulation has been, essentially, static.
Features
Municipal Leasing: Favorite Son or Leasing's 'Red-Headed Stepchild'?
This article addresses a few of the primary challenges for traditional leasing companies entering the municipal leasing market.
Features
Survey: Strong Rentals and Equipment Acquisitions
According to Wells Fargo Equipment Finance's 2015 Construction Industry Forecast, contractors and equipment distributors remain optimistic regarding the prospects of local, nonresidential construction activity this year and respondents expect a strong rental market and increasing equipment acquisitions.
Features
Legal Issues in Fantasy Sports
Fantasy sports once represented a seasonal hobby among friends and coworkers. However, it has now undeniably blossomed into a force in both the American culture and, more important, the U.S. economy. The explosion of fantasy sports can be directly traced to the favored status bestowed upon fantasy sports contests by federal anti-gaming laws ' specifically the Unlawful Internet Gambling Enforcement Act (UIEGA).
Features
<b><i>Product Review:</b></i>Time Tracker by eBillity
Time tracking and billing, an unpleasant and time-consuming distraction at the best of times, became far more painful than it needed to be.
Features
Cybercrime
Just when you thought that it could not get worse for companies in the context of cybersecurity and privacy issues ' it does. Below, we review the sobering news about cyberattacks and provide some tips when considering insurance for cyber risk.
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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 ›