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e-Commerce Hits New Highs Image

e-Commerce Hits New Highs

Michael Lear-Olimpi

As the general economy slowly recuperates, e-commerce retailing is healthier than ever, according to government estimates.

I've Been Sued ' And I Feel Fine, Because I Was <i>Prepared</i> Image

I've Been Sued ' And I Feel Fine, Because I Was <i>Prepared</i>

Stanley P. Jaskiewicz

Going to court isn't just about winning ' it matters that you win at the least cost. You must, in the words of one client, try to avoid the "lawsuit hemorrhage" of fees and costs.

Conducting a Privacy Audit Image

Conducting a Privacy Audit

Michael L. Whitener

A glance at the headlines reveals that data privacy breaches are increasingly common, and the consequences to corporations are increasingly dire. To avoid those consequences, any corporate entity that collects, uses or transfers personal information must take steps to ensure it is complying with legal requirements for maintaining data privacy.

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

In-depth analysis of a key ruling.

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

A major national case is discussed.

Features

Increased Fraud Penalties Are on the Horizon Image

Increased Fraud Penalties Are on the Horizon

David Debold & Matthew Benjamin

The guidelines governing the sentencing of fraud offenses ' long criticized as irrational, unduly severe, and the product of overt political pressure ' require wholesale reform.

To Disclose or Not to Disclose Image

To Disclose or Not to Disclose

Jonny Frank & Stanley A. Twardy, Jr.

Whether to self-report serious misconduct is a complicated question that requires investigating the facts and assessing legal, business and reputation implications. Following are critical issues to consider with outside counsel and other professional advisers before making a decision.

Features

<b><i>BREAKING NEWS:</b></i> Supreme Court Upholds Health Care Law Image

<b><i>BREAKING NEWS:</b></i> Supreme Court Upholds Health Care Law

Marcia Coyle

In a stunning victory for the Obama administration, the U.S. Supreme Court on June 29 upheld the centerpiece of the nation's new health care law ' the so-called individual mandate to buy insurance ' as a constitutional exercise of Congress' taxing authority.

Third Parties: The Achilles' Heel of FCPA Compliance Image

Third Parties: The Achilles' Heel of FCPA Compliance

Toby J.F. Bishop & John Leonard

The alleged use of third-party intermediaries to pay bribes to foreign government officials soared from 42% of FCPA enforcement actions in 2005 to 100% in 2011. Nevertheless, some companies may not be adapting their FCPA compliance programs quickly enough.

Features

How to Gain and Exert More Influence in the 'New Normal' Image

How to Gain and Exert More Influence in the 'New Normal'

Phyllis Weiss Haserot

Ways that a leader at any level can directly influence the climate for high performance and creativity/innovation in an organization.

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MOST POPULAR STORIES

  • 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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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; 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.
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