Features
Growing an International Presence
The idea of growing internationally seems counterintuitive to what's going on in the current economy. Many organizations have scaled back or halted growth activities completely. While other companies are on the sideline, now is the right time to consider global growth and put yourself ahead of your competition.
Secured Creditors' Credit Bid Rights Under Cramdown Plan
On June 28, 2011, in a decision of great significance to secured creditors, the U.S. Court of Appeals for the Seventh Circuit held that secured creditors have a statutory right to credit bid their debt at an asset sale conducted under a so-called "cramdown" plan. This decision is directly at odds with recent decisions in the Third and Fifth Circuits regarding a secured creditor's right to credit bid under a plan.
Viacom Urges Second Circuit to Revive YouTube Suit
Viacom International and a host of content providers asked a federal appeals court to reverse a decision dooming their claim that YouTube is liable for $1 billion in damages for copyright infringement.
Limit on Assigning Right to Pursue Online Copyright Infringement
In recent months, there has been a flurry of infringement litigation involving copyright troller Righthaven, which procured the right from publishers to file infringement suits over unauthorized online reproductions of the publishers' content. In several cases, the U.S. District Court for the District of Nevada, which is within the Ninth Circuit, has cited the Silvers decision to block Righthaven's claims. Now the U.S. District Court for the District of Colorado, which is within the Tenth Circuit, has raised a Silvers-type bar against Righthaven.
Features
A Lessor's Guide to Workouts
Last month's installment of this article discussed preliminary issues to address in workouts and key provisions to include in workout agreements. This second installment discusses addressing potential future bankruptcy issues.
Features
ISP Access to e-Mail Content Is Not Invasion of Privacy
An Internet Service Provider (ISP) can legally search the e-mail that it processes. ISPs may lawfully search the content of users' e-mails for many purposes, including assisting law enforcement, ensuring compliance with the ISP's terms-of-use agreement and protecting the ISP from legal difficulties, to name a few. Such activities do not currently constitute an invasion of the e-mail user's privacy.
Features
Companies and Lobbyists on Both Sides of SOPA
In mid-November, a number of corporations joined in the debate and lobbying over the Stop Online Piracy Act (SOPA), a new piece of legislation introduced in October by House Judiciary Committee chairman Lamar Smith (R-TX) that is being considered by that committee.
Features
Authentication of Social Media Evidence
Given the possibility of impersonation and digital fabrication in the online world, the information displayed on social media profiles is not immediately verifiable and presents issues of authentication and admissibility under the Federal Rules of Evidence.
Features
Thinking Small: Creating a Small-Ticket Leasing Company
This article discusses both the creation of small-ticket leasing companies by existing leasing businesses and what is needed for startup operations.
Features
e-Tailing Doing Fine
Retail e-commerce activity was up ' barely ' in the third quarter from the second quarter of the year, the U.S. Census Bureau announced in mid-November in its four-times-a-year report of total and electronic-commerce retailing.
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