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Features

Inadvertent Disclosures: CA Supreme Court Establishes Duties of Attorneys, But Issues Remain Image

Inadvertent Disclosures: CA Supreme Court Establishes Duties of Attorneys, But Issues Remain

Douglas W. Lytle

In <i>Rico v. Mitsubishi Motors Corp.</i>, the California Supreme Court adopted the 'fair and reasonable approach' originally formulated by the Second District Court of Appeal in <i>State Compensation Ins. Fund v. WPS, Inc.</i>, and set forth the duties of attorneys upon receiving inadvertent disclosures.

Practice Tip: The Physician Labeling Rule Image

Practice Tip: The Physician Labeling Rule

Joshua G. Schiller

Arguments over interpretation of the Physician Labeling Rule language may well be making an appearance in future product liability cases.

Features

'No-Injury' Consumer Class Actions: A Growing Practice By Plaintiffs and a Potential Response By Defendants Image

'No-Injury' Consumer Class Actions: A Growing Practice By Plaintiffs and a Potential Response By Defendants

Kurt Hamrock

Plaintiffs' counsel recently have been changing their tactics in product liability class action litigation. In place of filing traditional injury class actions, they instead have been filing more and more economic 'no-injury' class actions, in which the proposed class members seek to recover not for personal injury, but for their alleged economic losses in purchasing a product that is worth 'less' than they paid for it because of some alleged defect.

The Leasing Hotline Image

The Leasing Hotline

ALM Staff & Law Journal Newsletters

Highlights of the latest commercial leasing cases from around the country.

Features

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Hogan &amp; Hartson Advises MySpace in Landmark Music Venture<br>Greenberg Traurig Associate Gets Green Building Council OK<br>IP, Media &amp; Tech Dept. Adds to New York Practice<br>Retired Gibson Partner Receives Alger Award<br>Gibson, Dunn &amp; Crutcher Gets Community Award

e-Commerce Docket Sheet Image

e-Commerce Docket Sheet

ALM Staff & Law Journal Newsletters

Monitoring e-Mail To Bankrupt Entity Is OK under e-Privacy Laws<br>'Knowing' or 'Willful' TCPA Violation Does Not Require Showing Knowledge<br>Group Lacks Standing For Unsolicited Faxes Claims under TCPA<br>Clickwrap Forum Clause Enforceable, Even in Adhesion Contract<br>Arbitration Clause with Class Action Waiver Not Unconscionable in PA<br>Class Arbitration Waiver in e-Sales Contract OK under NJ, TX Law<br>Conversion Tort Doesn't Apply To e-Records, Data in MA<br>MN Long Arm Cannot Touch Software Licensee on Technical Support

How to Prepare for a Live Presentation Image

How to Prepare for a Live Presentation

Sally Rosenberg Romansky

Whether they're giving a speech at a conference, pitching a client or making an internal presentation at a firm or corporate retreat, time and again lawyers are waiting until the last minute to prepare. Appearing live is all about impact and impression. It's about being memorable in an impressive way. If you are taking the time to appear live and in person anywhere ' and your audience is, too ' then why wouldn't you prepare for the event fully honoring the idea that live communication is all about connection and energy?

Features

Download Ruling May Raise Burden For Record Labels Image

Download Ruling May Raise Burden For Record Labels

Thomas B. Scheffey

Those who download music to their computers now have two unlikely heroes: Janet Bond Arterton, a federal judge who sits in New Haven, CT; and Christopher David Brennan, a young Waterford, CT, resident who has reportedly downloaded songs by Billy Joel, Hootie and the Blowfish and other artists. Brennan is one of about 30,000 people sued by the music industry in recent years for allegedly taking music from the Internet without paying for it.

SEC Improves e-Capital Raising Image

SEC Improves e-Capital Raising

Jonathan Bick

The Internet provides private companies with a cost-effective way to introduce themselves to many potential investors. It also facilitates efficient capital fundraising opportunities. That stated, the SEC revision of Rule 144 makes raising capital on the Internet easier, and cheaper. The SEC changed Rule 144 to reduce regulation of restricted securities, which, in turn, facilitates Internet capital-raising.

German Federal Constitutional Court Rules on 'Online Search' of Computers Image

German Federal Constitutional Court Rules on 'Online Search' of Computers

Dr. Katharina Scheja

Recently, the highest German Court, the Federal Constitutional Court confirmed a new human right regarding a person's 'confidentiality of data and integrity of IT systems.' The judgment is a landmark decision that will have impact on further legislative activity as well as IT jurisdiction in various areas. The new right is being derived from the 'general personal right,' one of the fundamental human rights of the German constitution.

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MOST POPULAR STORIES

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    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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    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; 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.
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