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News Briefs

ALM Staff & Law Journal Newsletters

Maryland Franchise Attorneys Discuss Possible Law Changes <br>Maine Franchisees Launch Association

Features

LinkedIn Post Likely Didn't Violate Non-Compete Clause Image

LinkedIn Post Likely Didn't Violate Non-Compete Clause

Sheri Qualters

A LinkedIn profile update alerting a user's contacts about her new job did not necessarily constitute a solicitation of business that ran afoul of her non-compete agreement, a Massachusetts trial judge has ruled.

Features

Improving e-Discovery in Global Enterprises Through Remote Data Collection Image

Improving e-Discovery in Global Enterprises Through Remote Data Collection

Marco Ore

While the document review aspect of the discovery process generally receives the majority of attention because of the expense and time involved, the collection of potentially responsive electronically stored information (ESI) can also represent a major expense and logistical challenge.

Features

Attorney-Client Privilege for In-House Counsel Image

Attorney-Client Privilege for In-House Counsel

Jason A. Copling

The concept of the attorney-client privilege seems pretty straightforward in, for example, a criminal case. However, as any in-house attorney knows, this concept becomes pretty murky when applied to attorneys working inside entities: Who is the client? Which attorneys are covered? Are those attorneys always covered? Which communications? With whom? On what subjects? The questions are endless and the situations are complex.

Features

Google's Mass Copying of Copyrighted Works Judged 'Fair Use' Image

Google's Mass Copying of Copyrighted Works Judged 'Fair Use'

Mark Hamblett

Google's mass-copying of copyrighted works to build a digital library of more than 20 million books is shielded by the fair use doctrine, Judge Denny Chin ruled on Nov. 14.

Features

The Five Best Practices for Optimum Web Performance Image

The Five Best Practices for Optimum Web Performance

Aaron Rudger

It's the annual shopping rush ' Black Friday and Cyber Monday are only the beginning of the run up to Christmas. For major online retailers especially, this is make or break time. Is your site ready?

Features

The 'Silly Season' Image

The 'Silly Season'

J. Mark Santiago

Almost 30 years ago when I began my career consulting to law firms, the then managing partner of Donovan Leisure Newton &amp; Irving used that term to refer to the months of October through December. It was his way of pointing out to his fellow partners that the necessary activities of practice management that so many of them had avoided for the first nine or 10 months of the year now had to be addressed.

Columns & Departments

Court Watch Image

Court Watch

Cynthia M. Klaus & Susan E. Tegt

Franchisor's Operation of Online Store does not Violate Exclusivity <br>Federal Court Declines To Enjoin Franchisee from Violating Non-Compete

Features

Court Approves Settlement of Suit Over NFL Players Publicity Rights Image

Court Approves Settlement of Suit Over NFL Players Publicity Rights

Jan Wolfe

A federal judge in Minnesota signed off on a hotly contested $50 million settlement between the National Football League and former players who said the league infringed their publicity rights. The ruling was a blow to a group of plaintiffs' lawyers who lodged objections to the deal, calling it inadequate.

Features

Establishing Copyright Damages When Party Moves for Summary Judgment Image

Establishing Copyright Damages When Party Moves for Summary Judgment

Stan Soocher

Section 504(b) of the Copyright Act allows a copyright owner to obtain both the owner's actual damages as well as an infringer's profits attributable to the infringed work that weren't included in the actual damages award. What are the burdens of proof when a copyright infringement plaintiff seeks this recovery after a pre-trial summary judgment motion has been filed? How does an expert's report work into this?

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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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