Features
Hostile Use of 'Friend' Request Puts Lawyers in Ethics Trouble
Two New Jersey defense lawyers have been hit with ethics charges for having used Facebook in an unfriendly fashion.
Features
Coverage Disclaimer May Not Await Investigation of Other Defenses
In <i>George Campbell Painting v. National Union Fire Ins. Co. of Pittsburgh, PA</i>, the New York Supreme Court, Appellate Division, First Department ruled that because an insurer had sufficient knowledge of a late notice defense nearly four months before it provided a written disclaimer to the insured, the disclaimer was ineffective as a matter of law.
Features
Eighth Circuit Ends Thomas-Rasset File-Sharing Fight
The U.S. Court of Appeals for the Eighth Circuit has reinstated statutory damages of more than $220,000 against a woman who illegally file-shared two dozen songs, finding the damages to be constitutional.
Features
Decisions of Interest
Discussion of several key rulings.
Features
Managing Liability Risks from Robotic Surgery
Robotic technology may spawn both medical malpractice and product liability exposures, claims and lawsuits. Suits and claims may arise from one area or both. Here's what you need to know.
Features
Third Circuit Establishes Joint Employment Test
In late June, the Third Circuit considered the broad definition of "employer" under the FLSA to determine when two employers jointly employ an employee, an issue that has been arising with increasing frequency.
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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 ›
- 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 ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›