Features

Data Privacy and Security Considerations for Mobile Health App Developers and Their Counsel
In light of the evolving legal and regulatory landscape, app developers and their counsel should examine developers' privacy and security practices and take steps to safeguard sensitive data related to reproductive health.
Features

California's Latest Privacy Rulemaking Proposes Further Obligations for Businesses
While the the California Privacy Protection Agency kicked some of the more difficult issues down the road for further consideration, its first draft of proposed Regs is quite comprehensive with respect to the issues addressed. The authority for some of what is proposed is questionable and will likely be challenged in comments, if not judicial action, if such provisions become final.
Features

Proactively Tackling Unstructured Data Can Give Competitive Advantage
Unstructured data comprises 80% of total data volume for legal organizations, which means that on average, only one-fifth of the entirety of the data set is properly secured and actively managed. Although some believe that ignoring unstructured data establishes plausible deniability that relinquishes them from culpability when a breach occurs, it's an untenable position from both a regulatory and brand reputational perspective.
Features

Cloud-Based Discovery Is at Critical Mass: A Practical Approach
Part Two of a Two-Part Series Cloud technology use in discovery is inevitable. Fortunately, one of the inherent benefits of cloud discovery platforms is the ability to spin up a proof of concept matter quickly to get your feet wet. This article provides a practical approach to making sure you're ready for the cloud when the time comes.
Features

Online Accessibility and SEO
How can you make your user experience the best it can be for all potential clients, and lead with empathy and equity as you demonstrate your knowledge? That's where your law firm's SEO strategy comes into play.
Features

Traditional Legal Ops Putting Law Firms At Disadvantage When Recruiting for Cybersecurity and Privacy
Law firms are still insisting on engaging with clients in the traditional legal model — by hours billed. Whereas cybersecurity services such as breach monitoring have the potential for a much deeper and stickier relationship with the client.
Features

Ninth Circuit Says Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages
How far back from accrual of a claim may a plaintiff reach for copyright damages?
Features

'Banana' Artwork Dispute Presents Slippery Slope for Copyright
In July, the U.S. District Court for the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, a decision that began by posing the question: "Can a banana taped to a wall be art?"
Features

Removing Restrictive Covenants
In Rockwell v. Despart, the Third Department recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Features

Dealing With Deleted, Unsent and Edited ESI
While text messages and email have the appearance of reliability, technological advances have, over time, rendered many digital communications less static and more open to manipulation.
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- Private Equity Valuation: A Significant DecisionInsiders (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.Read More ›
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