Features

The False Claims Act Sealing Orders
<b><i>What They Say and Do Not Say</b></i><p><b><i>Part Three of a Three-Part Article</b></i><p>The question remains: Is the defendant in a False Claims Act matter barred from discussing the case, as are the relator and the government?
Features

Controlling Costs in Worker's Comp
<b><i>The Rolling Stones Were Wrong — Time Isn't on Your Side</b></i><p>Almost every business owner loathes worker's compensation insurance — costs are high and can go up significantly in the event of a claim or multiple claims. Also, worker's comp can be a cost center that is heavily impacted by fraud and abuse. If employers can control the number and severity of claims and lower worker's comp costs, they can put the money to better use.
Features

From Tension to Success: Broker-Owner Relationships in Retail Leasing
If you are involved in lease negotiations on behalf of retail asset owners, you already know that at least some tension inevitably arises while moving the deals along. This article gives focus to the tension, and suggests that the tension is not only desirable, but important to help improve negotiation results for all concerned.
Columns & Departments
Development
Town Board Failed to Take 'Hard Look' at Amendment<br>Jurisdictional Determination from Army Corps<br>Developer Failed to Allege Concrete Injury
Features

Bankruptcy Venue Reform Bill
On Jan. 8, 2018, Senators John Cornyn (R-TX) and Elizabeth Warren (D-MA) introduced the Bankruptcy Venue Reform Act of 2018, which is designed to prevent forum shopping in Chapter 11 bankruptcy cases, a practice that has resulted in a concentration of bankruptcy cases in a few districts.
Features

Federal Circuit Holds Scandalous or Immoral Marks Entitled to Registration
<b><i>Refusal Is an Unconstitutional Violation of Free Speech</b></i><p>On Dec. 15, 2017, a unanimous Court of Appeals for the Federal Circuit held that despite Appellant's mark comprising “immoral or scandalous” matter, the PTO could no longer refuse federal registration of such marks on the grounds that this refusal violated the free speech clause of the First Amendment of the U.S. Constitution.
Features

Marketing Tech: SEO: Will It Actually Work for Your Firm?
Search engine optimization (SEO) is a great way to help drive traffic to your website, but is also a very misunderstood term. This article helps clarify what SEO really is, and if it will help with your business development activities.
Features

An IP Protection Primer for Entertainment Tech Startups
The tech-heavy entertainment industry is an active field for tech startup companies developing potential patents and trade secrets. But many cash conscious startups are forced to initially neglect protection planning for these intellectual property assets, instead allocating scarce resources to set up and initial operation costs. This article suggests some practical and economical steps for startups, especially those with tight finances, to protect what may become valuable patents and trade secrets.
Columns & Departments
In the Courts
Royal Dutch Shell and Eni Head to Trial over Nigeria Corruption Allegations
Features

<i>Media & Communication</i>: How to 'Get Your Name Out There'
Anyone who has so much as dabbled in marketing or consulted a PR firm has been told they “need to get their name out there.” But it's not that simple. It's not just getting your name out there that will reap results — it's getting your name out there in the right places.
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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 ›
- 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 ›