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The NLRB Wants to Be Your 'Friend' Image

The NLRB Wants to Be Your 'Friend'

Joseph G. Schmitt & Lisa M. Schmid

Many employers have implemented or at least considered implementing Internet/social media policies in an effort to protect their reputations, protect their employees, and prevent the dissemination of confidential or proprietary information on the Internet. These policies seem to make perfect sense, but unfortunately, employers need to re-think them in light of the National Labor Relations Board's recent decision in <i>Hispanics United of Buffalo, Inc.</i>

Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, including amendments to Delaware's corporation, LLC and LP laws. It also looks at some recent decisions of interest, including two from the Delaware Supreme Court.

Features

Brophy Revisited Image

Brophy Revisited

Robert S. Reder, David Schwartz & Roxana Azizi

In <i>Kahn v. Kohlberg, Kravis, Roberts &amp; Co., L.P.</i>, the Delaware Supreme Court's broad reading of <i>Brophy</i> re-establishes the right of Delaware stockholders to sue corporate fiduciaries to disgorge profits from insider trading &mdash; regardless of harm to the corporation, and regardless of the avenues provided by federal securities laws to address insider trading claims.

Net News Image

Net News

ALM Staff & Law Journal Newsletters

Amazon Surrenders on California Tax Law, Still Fights Nationally<br>First Circuit Reinstates Massive Downloading Award<br>Ninth Circuit Finds Flaw in Perfect 10's Bid for Injunction

How Effective Is the Federal Government's Campaign Against Internet Counterfeiters and Pirates? Image

How Effective Is the Federal Government's Campaign Against Internet Counterfeiters and Pirates?

Kyle-Beth Hilfer & David Ewen

Counterfeiting and piracy never go out of style. Approximately one year ago, ICE launched "Operation In Our Sites" (OIOS) in an effort to hit counterfeiters and pirates where they live (at least, on the Internet), namely their domains.

Not All Web Browsers Are Created Equal Image

Not All Web Browsers Are Created Equal

Karl Mattson

Legal research is an extension of online research, a professional undertaking that is quicker and more effective because of the convenience the Internet provides. Think of this movement as part of the rise of specialized research, complemented by the Web and delivered to attorneys worldwide. And yet, accessing this data depends on using the right browser; there must not be any attempt to sacrifice quality for some illusory promise. The bottom line: An excellent browser is essential for doing any kind of legal research.

Features

Examining the Limits of Online Music Storage Provider Liability Image

Examining the Limits of Online Music Storage Provider Liability

Stephen M. Kramarsky

Cloud storage is ideal for music. Music files are large enough to require substantial storage space, small enough to stream over relatively low bandwidth (such as a 3G wireless connection) and desirable to have available on mobile devices. Unsurprisingly, however, this business model brings with it various legal issues for the cloud storage provider.

Features

In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

Bankruptcy Claims Traders Alert Image

Bankruptcy Claims Traders Alert

Scott J. Friedman & Mark G. Douglas

The Seventh Circuit recently affirmed a ruling that the purchaser of a claim based upon an executory contract that was ultimately rejected by a Chapter 11 DIP is not entitled to cure amounts as part of its allowed claim.

Upcoming Events Image

Upcoming Events

ALM Staff & Law Journal Newsletters

American Bar Association Forum on the Entertainment and Sports Industries Annual Meeting<br>Texas Bar 21st Annual Entertainment Law Institute

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MOST POPULAR STORIES

  • 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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