Features
Legislative Update
The latest state and federal legislative developments in Internet law.
Features
Net News
Recent developments of note in the Internet industry.This month:<br>First Convictions in U.S. Peer-To-Peer Piracy Fight <br>Music Industry Boss Defends File-Sharing Lawsuits <br> 8th Circuit: No ISP Subpoenas
SEC Says Google's Lawyers Goofed
Google and its general counsel, David Drummond, reached a settlement with the Securities and Exchange Commission in connection with the company's failure to register more than $80 million in employee stock options in the 2 years prior to its IPO.
Protecting Internet Communications
Law firms use Internet technology to communicate in ways that were simply not possible 10 years ago. This has allowed lawyers to share information as never before. More importantly, the technology associated with the Internet allows law firms direct control over Internet communications because they own the individual networks that allow information to be shared. This direct control brings increased liability for copyright infringement, unless firms comply with the Digital Millennium Copyright Act. Compliance requires little investment of time or money. Similarly, e-mail protection is readily available at little or no additional cost.
Features
<i>Perfect 10 v. Google</i>: Adult Web Site Challenges Search Engine On Image Hits
Could the right to search copyrighted images on the Internet be in jeopardy? That would be outcome if Perfect 10, Inc. (P10), a purveyor of adult entertainment, has its way.
Features
Online Apple Secrets Publisher Finds Heavy Hitter
The 19-year-old publisher of a Web site facing a recent lawsuit over an article about a top-secret $499 Apple computer originally had to plead for legal assistance. Not only did Terry Gross, a partner in the San Francisco-based Gross & Belsky LLP, step up to the plate, but he appears to be willing to play hardball.
Book Review: <i>The First Myth of Legal Management Is That It Exists</i>
Written by our new Board of Editors member, Ed Wesemann, and published in 2004 ' with profits donated to the ALA ' this collection of skillfully crafted essays provides illuminating observations and pithy advice on a wide range of challenges facing law firms and lawyers. The book's first chapter, on profitability problems larger firms have with small clients, was the springboard for this month's roundtable discussion
Features
Welcoming Ed Wesemann to A&FP's Board
<i>Accounting and Financial Planning for Law Firms</i> is pleased to announce that H. Edward Wesemann has joined our Board of Editors.
Tax Shelters: New IRS Disclosure Requirements Carry Serious Penalties
Touted as one of the most substantial overhauls of the Internal Revenue Code in years, the American Jobs Creation Act of 2004 was signed by the President on Oct. 22, 2004. Like any number of omnibus Congressional tax bills, the "Jobs Act" is a broad-reaching collection of miscellaneous tax provisions. <br>Title VIII of the Act, in Subtitle B ' "Provisions Relating to Tax Shelters," contains new provisions that limit the benefits of tax shelters. Among these new provisions are requirements that govern how certain transactions must be reported to the IRS. While reporting rules existed prior to the Jobs Act, these new requirements carry substantial penalties to encourage compliance and curb participation in abusive tax shelters.
New Tax Rules May Affect Payments To Retiring Partners
One of the most important provisions of the American Jobs Creation Act of 2004 establishes a new regime for taxing deferred compensation. Newly created Section 409A of the Internal Revenue Code likely will affect every arrangement now in place or hereafter adopted that promises the payment of deferred compensation to current and former employees, directors and other service providers. Such an arrangement may well include a partnership's unfunded retirement program for its partners.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
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 ›
- 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 ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.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 ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›