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Lies, Damned Lies, and Addictions Image

Lies, Damned Lies, and Addictions

David L. Wallace

As explained in the introduction last month, this article explores the role of addiction in product liability litigation. Part Two herein explains the medical model of addiction, and addiction in the courtroom.

Internet 2.0: Jurisdictional Risks in Today's Cyber World Image

Internet 2.0: Jurisdictional Risks in Today's Cyber World

Erin Hennessy & and Tasha Snipes

With the explosion of the Internet in the last several decades, courts have struggled with whether tortious conduct on a website is expressly aimed at any, or all, of the forums in which the website can be viewed. Two recent Ninth Circuit cases expanded the reach of Internet jurisdiction and may carry significant implications.

Golan v. Holder: A Catalyst for Orphan Works Legislation? Image

Golan v. Holder: A Catalyst for Orphan Works Legislation?

James Trigg & Phillip Rosenberg

On Jan. 18, 2012, the U.S. Supreme Court issued a 6-to-2 decision in <i>Golan v. Holder</i>, ruling that the Uruguay Round Agreements Act of 1994 &mdash; which restores U.S. copyright protection for certain foreign works formerly in the public domain &mdash; fits within Congress' constitutional authority to "adjust copyright law to protect categories of works once outside the law's compass." <i>Golan</i>, like <i>Eldred v. Ashcroft</i> before it, solidifies the constitutional authority of Congress under the Copyright Clause to control the terms and duration of U.S. copyright protection.

Features

Compensating Transition Image

Compensating Transition

Joseph B. Altonji

Law firms spent the better part of two decades effectively extricating themselves from unaffordable, life-threatening unfunded retirement packages only to find they have few if any financial mechanisms available to incent retiring partners to actually transition their clients to the next generation, prior to retirement.

Disparate Impact and the ADEA Image

Disparate Impact and the ADEA

Gary S. Kessler & Philip G. McNicholas

If a protected worker can show that an employer used a specific employment policy or practice within the decision-making process, which resulted in members of a protected class being less successful than unprotected workers (<i>i.e.&gt;/i&gt;, "adversely impacted"), the employer may be liable for discrimination.

Features

DIY Mentoring Image

DIY Mentoring

Diane Costigan

Similar to financial investments you will want a well-diversified portfolio of mentors who can contribute to your career in different ways depending on your goals.

Disparate Impact and the ADEA Image

Disparate Impact and the ADEA

Gary S. Kessler & Philip G. McNicholas

In this article, the elements of a disparate impact claim by older workers are explored. Congress created protection for older workers from employment discrimination by enacting the Age Discrimination in Employment Act (ADEA).

Features

New Personal Information Requirements for Companies Image

New Personal Information Requirements for Companies

Theodore P. Augustinos & Socheth Sor

Effective March 1, 2012, companies with personal information of Massachusetts residents must amend their existing contracts with vendors that handle such information to require the vendors'f compliance with the Massachusetts data security regulations.

Anti-Corruption Practices Survey Highlights Challenges Facing Companies Image

Anti-Corruption Practices Survey Highlights Challenges Facing Companies

Paul R. Berger & Michael T. Leigh

One of the Big Four accounting firms ' Deloitte ' has released a survey of anti-corruption, anti-bribery, and anti-fraud practices and trends at companies around the world.

Features

How Employing eDiscovery Counsel Can Pay Dividends Image

How Employing eDiscovery Counsel Can Pay Dividends

Beth A. Koehler

More and more corporations are turning to a two-tiered model when it comes to new matters: one law firm (or separate group within the law firm) that will focus on preservation, collection and review, and a separate team of lawyers that will focus on the actual merits of the case.

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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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