Features

Website Arbitration Clauses
In a recent U.S. Eastern District decision, the court compelled arbitration of a dispute based on language contained in the Terms of Use on an Internet access provider's website. The language contained an operative arbitration clause that the court found binding on the plaintiffs. Plaintiffs claimed the clause was not apparent to them and therefore they never provided any consent to arbitrate.
Features

New York Rejects Federal Trend, Limits Common Interest Doctrine
Full and frank communication with another party's legal counsel is often necessary effectively to defend a client and to ensure compliance with the law. Thus, the question, "Under what circumstances may a company share privileged information with a third party?" is an important one.
Features

The Internet Is Not a Consequence-Free Zone
The widespread use of social media, and the corresponding ability to create, share, and misappropriate content ' all in an instant ' has radically increased the number of unwitting copyright owners and infringers.
Features

<b><i>Online Extra:</b></i> Convict Seeks New Trial Over Use of Facebook Evidence
A man convicted of murder in New Haven, CT, is asking the state Supreme Court for a new trial on grounds that the judge should not have allowed evidence from Facebook at trial. The defendant argues that photos from his Facebook profile that were presented to the jury were used to portray him as a "thug" and improperly swayed the jury. Police were also able to locate the defendant, Derrick Bouknight, through his Facebook page. '
Features

<b><i>Online Extra:</b></i> Yahoo Security Breach Sparks Class Actions
At least six class actions have been filed against Yahoo! Inc. in the wake of last month's announcement of a security breach that compromised an estimated 500 million account holders.
Features
<b><i>Online Extra:</b></i> British Billionaire's Suit Over Alleged Leak Offers First Test of Privacy Law
Gilbert Chagoury, a British billionaire and philanthropist was denied a visa last year to enter the United States because, according to the U.S. government, he was suspected of supporting terrorism. Chagoury denies the allegation, saying the U.S. Department of State relied on bad intelligence. And now he's suing federal agencies that he claims leaked information about him to a reporter. His suit is thought to be the first case brought under the Judicial Redress Act, which President Barack Obama signed in February.
Columns & Departments
<b><i>e-Discovery Tech:</b></i> Why the FRCP Amendments Mean Legal Teams Need Technology Now More Than Ever
Across organizations, a similar process (more or less) is followed when conducting e-discovery, but the steps often happen in quick succession or nearly simultaneously. The steps are loosely defined by the FRCP and the judicial interpretation that flows from them. The recent changes to the FRCP will inevitably result in the steps shifting and evolving in the coming months and years.
Columns & Departments
In the Courts
Analysis of a case in which the Third Circuit: ruled that a U.S. Senator must face fraud charges.
Features
Ailes Ends Attempt To Get Carlson Suit Decided By NY Fed Court
After arguing that New Jersey was an improper venue for former Fox News anchor Gretchen Carlson's suit accusing him of sexual harassment, former Fox News CEO Roger Ailes agreed to drop his effort to transfer the suit's venue to the U.S. District Court for the Southern District of New York.
Features
Third Circuit Sets Standard for Facebook Chat Evidence
Rejecting the appeal of a convicted child molester who used Facebook to exchange explicit photos of minors, a federal appeals court clarified how online chats can be authenticated as criminal evidence.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 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 ›