Features
Applying Technology To the Business of Health Care
Advocates for online health services have long argued that the health care-services and health care-products industries could significantly enhance its ability to deliver quality products and services to consumers by using e-commerce to improve access to, and the timeliness and accuracy of, information, delivery and purchasing pertaining to the health care-sector supply chain.
Features
Asking Prospective Employees for Social Media Login Data
A recent trend in the human resources community is to ask prospective employees for usernames and passwords to social media sites to allow the hiring employer access to otherwise private information about an employment candidate's "online identity." e-Commerce companies, even though they are based on and operate through online activities, sometimes through social media, should carefully consider what principals and hiring parties in the firms may view as a natural inclination to examine an applicant's or an employee's social media postings and persona by demanding access to the sites.
The Progressive Lawyer: Telling Your Client's Story at Trial
The thought that people do not need to be engaged or motivated when faced with new information is based on the mythology that assumes that we can just pour facts into the passive minds of our judges, and they will automatically and somehow "get it.
Features
Copy<i>wrongs</i> for Start-up Firms
Much virtual ink has been spilled about the complexities of applying traditional copyright law to e-commerce (and the Internet, generally). The intersection of law developed for the written word on paper, and tangible objects, and digital distribution of their modern equivalents, remains a work in progress, to say the least.
Features
My 'Friend,' the Judge
Is it permissible for a judge to become friends on a social media site with lawyers who appear before the judge? The comments to the rule do not address the issue, and there is disagreement among ethics committees in the various states with respect to this specific question.
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
Five Tips for Avoiding Settlement Traps
When a lawsuit is settled, the clients cut a deal, the legal gladiators lay down their briefs, and everyone breathes a sigh of relief. But is that sigh premature?
The Tension Between Marriage Equality and Religious Liberty
Even amid signs of rising support, there remains a palpable tension between proponents of marriage equality and opponents who argue that same-sex marriage laws threaten their religious liberty.
Features
Digital Copiers Don't Forget
Risk mitigation requires a good understanding of where the vulnerabilities are, and one that many companies have missed is the sensitive data that likely reside in the hard drive memories of printers, copiers, and fax machines.
Features
Lease Accounting Project Update
After the February FASB/IASB Lease Accounting Project meetings,the Boards added a fourth approach that the ELFA has been recommending from the start of the Lease Project.
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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 ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & 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.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 ›