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e-Commerce Best Practices Image

e-Commerce Best Practices

Brett Tarr

This article addresses how e-commerce companies can get a handle on managing organizational information, and outlines processes for retaining and managing key business information that could be salient in legal proceedings, regulatory matters or compliance issues.

Features

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Landlord & Tenant

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

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Decisions of Interest

ALM Staff & Law Journal Newsletters

Rulings of importance to you and your practice.

Features

Case Notes Image

Case Notes

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Practice Tip: The Expanding World of the Product Liability Litigator Image

Practice Tip: The Expanding World of the Product Liability Litigator

Joseph J. Ortego & Barbara A. Lukeman

The specialty of product liability legal practice is greatly expanding. Modern day product liability litigators are called upon to litigate cases involving subject matter that is far more complex and varied than years past.

Features

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Update on Retaliation Claims

Victoria Woodin Chavey

Continuation of an analysis of <i>Kasten v. Saint-Gobain Performance Plastics Corp.</i>, wherein the Seventh Circuit held that an employee's strictly oral complaints about allegedly improper wage practices did not implicate the FLSA's prohibition of retaliation against those who have "filed any complaint."

Features

The PPC Trademark Battle Continues Image

The PPC Trademark Battle Continues

Peter Kent

This article recently ran in our sister publication entitled Internet Law &amp; Strategy. We felt it was important to share with our readers.

Features

Enforceable Browse-Wrap Contracts Image

Enforceable Browse-Wrap Contracts

Jonathan Bick & Karen Berger

Doing business over the Internet is increasingly automated. In the past, Web sites used "terms of use" agreements which include an Internet mechanism to affirm consent to be bound by the agreement (click-wrap). Increasingly, browse-wrap agreements are replacing click-wrap agreements.

Features

Music Site Ruled Not 'Interactive' Enough Image

Music Site Ruled Not 'Interactive' Enough

Mark Hamblett

A Webcasting service that provides users with individualized Internet radio stations is not required to pay licensing fees to copyright holders of the songs the service plays, the Second U.S. Circuit Court of Appeals has ruled.

Features

Immunity for Web Site Owners Image

Immunity for Web Site Owners

Richard Raysman & Peter Brown

Web sites, social networks and other interactive service providers facilitate the display and exchange of a staggering amount of user-generated information, much of it idle chatter, meaningful commentary and helpful information, though some of it defamatory and offensive speech. Without certain protections, a site owner could face liability, and such a threat conceivably would have a chilling effect on the vibrant exchange of ideas on the Web.

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  • 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.
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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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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There 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.
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