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Features

Employer's Guide to GINA Image

Employer's Guide to GINA

John D. Shyer & Kevin Kay

GINA was enacted out of concern that discrimination based upon a person's genetic information could result in the loss of health coverage or employment. Here's what employers need to know.

Privately Funded Developments and Construction at Risk in CA Image

Privately Funded Developments and Construction at Risk in CA

John S. (Rocky) Miller & Dwayne McKenzie

Landlords that construct their premises in California need to be aware of a recent decision that may affect their construction costs.

Features

<b><i>Online Exclusive</b></i>Second Circuit Shelves Freelancers' Pact With Publishers and Databases Image

<b><i>Online Exclusive</b></i>Second Circuit Shelves Freelancers' Pact With Publishers and Databases

Brendan Pierson

A federal appellate court has thrown out a class action settlement between freelance writers and online publishers and databases that archived the writers' work without pay, saying that the pact approved by the lower court did not represent the interests of all class members.

Features

<B><I>BREAKING NEWS:</b></i> <b>HP Acquires Autonomy for $10B Image

<B><I>BREAKING NEWS:</b></i> <b>HP Acquires Autonomy for $10B

Evan Koblentz

Hewlett-Packard made its most aggressive move yet to transform itself into a modern business provider by acquiring e-discovery and document management giant Autonomy for $10.3 billion.

Features

<B><I>BREAKING NEWS:</b></i> <b>Eleventh Circuit Strikes Down Individual Mandate</b> Image

<B><I>BREAKING NEWS:</b></i> <b>Eleventh Circuit Strikes Down Individual Mandate</b>

Alyson M. Palmer

The Eleventh U.S. Circuit Court of Appeals on Aug. 12 gave a partial victory to challengers of the 2010 federal health care overhaul, finding unconstitutional the part of the law that requires individuals to obtain health insurance but upholding the rest of the statute.

Computer Fraud and Abuse Act: Finding the Line in the Sand Image

Computer Fraud and Abuse Act: Finding the Line in the Sand

Elkan Abramowitz & Barry A. Bohrer

The scope of the CFAA is the subject of an emerging split among federal courts of appeals as highlighted by a recent opinion by the U.S. Court of Appeals for the Ninth Circuit, which rejected the claim that its decision would make criminals out of millions of employees who might utilize their work computers for personal use.

What's Your Twitter Level? Image

What's Your Twitter Level?

Adrian Dayton

There was a time when big, respectable law firms would never use silly words like "tweet," "Twitter" and "Twitterverse," but that seems to be changing, at least for some firms. Let's look at which American firms are actively tweeting and how they are making Twitter part of their marketing strategy.

Features

Keyword Advertising and Trademark Infringement Update Image

Keyword Advertising and Trademark Infringement Update

Richard Raysman & Peter Brown

This article reviews keyword advertising generally and discusses recent developments in keyword litigation.

From Dissonance to Consonance: Skoler, Abbott & Presser and Orion SFE Image

From Dissonance to Consonance: Skoler, Abbott & Presser and Orion SFE

Jamie Martin

For over 40 years, Skoler, Abbott &amp; Presser has exclusively practiced labor and employment law. A boutique firm, we have a main office in Springfield, MA, and two satellite offices ' one in Worcester, MA, the other in Meriden, CT. I have been the firm's bookkeeper for 14 years and recently played a vital role in my firm's decision to purchase new financial and practice management software.

The Calming Influence of the Cloud Image

The Calming Influence of the Cloud

Luke Corley

Game-changing insights in IT are few and far between. Rather than challenge the status quo, too many IT leaders are content with patching outdated software and performing tedious maintenance work for on-premise systems simply because it's what has been historically expected. This type of environment rarely produces true corporate innovation, as the IT department is challenged with being thought of as crucial to the business only when things go awry. We changed that at Breazeale, Sachse &amp; Wilson a couple of years ago by, if you can believe it, giving ourselves less work.

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    “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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