Features
Net News
Recent developments of note in the Internet industry. This month:<p>Google Sued Over 'Click Fraud' in Web Ads <br>Tech Firms Call for Approval of Cybercrime Treaty <br>Commission Proposes Single Online Rights System
Features
Remedying <i>Grokster</i>
Don't you hate it when you ask someone a question and, rather than answering it, they choose to answer a different one? Then you understand the frustration…
States Move Forward on Internet Sales Tax
Tax officials, state lawmakers and industry representatives agreed last month to establish an 18-state network for collecting taxes on Internet sales, a compact they hope will encourage online retailers and Congress to endorse a mandatory national program.
Features
Spyware: The Scourge Of The Internet?
The blight of spyware has struck tens of millions of computer users across the globe. In fact, according to a recent nationwide survey conducted by the Pew Internet & American Life Project, 91% of Internet users have changed their online behavior for fear of becoming victims.
Litigation
Recent rulings of importance to you and your practice.
Features
Prominent Trial Lawyer Loses Support Fight
Recently, a prominent Georgia trial lawyer was ordered to pay his former paramour $6 million in child support payments. Willie Gary, whose law practice is based in Florida, claimed in court papers to have a net worth of $60 million. <i>Gowins v. Gary</i>, No. 2004CV88406. (Fult. Super. Ct., July 15, 2004). Gary is known in Georgia law circles for his representation of race discrimination plaintiffs against The Coca-Cola Co., and Centennial Olympic Park bombing victims suing Atlanta Olympic organizers. His Web site boasts of winning a $240 million verdict against The Walt Disney Co. in 2001 in an intellectual property theft case; a $139.6 million verdict against brewer Anheuser-Busch; and a half-billion-dollar verdict against the Loewen Group, a large Canadian funeral-home chain.
Features
Dealing With Domestic Violence
Domestic violence cases are heard in the Superior Court of New Jersey, Chancery Division - Family Part, a court of equity. This is the same arm of the court that can restrain or force a person's actions under <i>Crowe v. Di Goia</i>, 90 N.J 126 (1982), terminate a marriage, award custody, order the payment of support, sell property, tell parents when they can see a child, and decide numerous other substantive issues that can dramatically affect a person's life.
False Allegations of Sexual Abuse in a Custody Case
In my experience as both a matrimonial and a criminal defense lawyer, the most difficult cases to handle are custody disputes involving false accusations of sexual abuse of a child. The overriding presumptions, that the child must be protected and that the alleged perpetrator is a source of danger to the child, coupled with multiple layers of civil and criminal litigation, require a unified theme with vastly different approaches to the various proceedings. This alone makes this type of case different from any other representation an attorney undertakes.
Managing Franchise System Growth from the Start
Successful franchisors that seek to expand their systems and new companies that are attracted to the concept of franchising face numerous legal, financial, and logistical challenges in developing and implementing a successful growth strategy. Anticipating those potential difficulties before they arise and finding ways to avoid them altogether are among the most important services that franchise counsel can provide. The 38th annual International Franchise Association ("IFA") Legal Symposium in May 2005 included two well-attended sessions that addressed the major issues that franchisors often face when trying to expand their systems.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- 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.Read More ›
- 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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›