Features

Law Firms: You Can't Buy Yourself Out of Risk
A survey of more than 160 law firm executives (from medium to large firms) found that law firms are among some of the highest spenders on security yet were susceptible to some of the most common risks. And the issue will grow over the coming years as the demands of the business drive the adoption of emerging technologies, such as cloud and Artificial Intelligence (AI).
Columns & Departments
Case Notes
Insurance Lapse Deemed Not Curable<br>Uncertain Method for Determining Future Rent Dooms Renewal Rights
Features

Marketing Tech: How CMOs Can Use Retargeting to Attract New Business
Retargeting combines two of the most important aspects of digital marketing: automation and personalization. Marketers use retargeting to stay in front of the consumer across devices and to ultimately try to reach them at the right time — the moment of purchase intent.
Columns & Departments
IP News
Federal Circuit: IPR Petitioner Always Retains Burden of Establishing Timeliness<br>Federal Circuit: Framework for 'Overlapping Cases' Applies in IPR
Features

Third Circuit Affirms Reversal of $275M Break-Up Fee in Del. Bankruptcy Case
The U.S. Court of Appeals for the Third Circuit on Sept. 13 upheld a Delaware Bankruptcy Court's decision to block a Florida-based energy company from collecting a $275 million merger termination fee against the bankruptcy estates of Energy Future Holdings Corp. and a subsidiary.
Columns & Departments
In the Courts
Second Circuit Issues Ruling Against DOJ in <i>United States v. Hoskins</i> Appeal
Features

Law Firms at a Crossroads: The New Paths to Safeguarding Data as Attacks Ramp Up
How do you protect your firm? The vast majority of cyber-related vulnerabilities can be traced to staff and third parties who accidentally or deliberately don't follow security protocols or are tricked into downloading malicious code.
Features

Retail Leads the Way in Data Breaches — Here's How to Protect Your Customers
If 2017 was considered the “year of the data breach” as the number of incidents hit a new record high of 1,579, 2018 might get even more serious. Just a little more than halfway through 2018, the number and scale of data breaches that have already been reported is staggering.
Features

Cybersecurity Roundtable: Chicago's Tech Experts Answer Three Critical Cybersecurity Questions
Earlier this summer a group of security-minded executives in Chicago, long a hub for legal and financial tech, sat down for a panel discussion on anticipating and combatting cybercrime.
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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 ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & 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.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 ›
- 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 ›