Features

Antitrust Corporate Dispositions
This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel — as well as "spin-off" counsel for individual employees — can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
Features

D.C. Circuit Reverses Dismissal of Case over Cyberattack, Finding Possible Harm in Data Loss
Calling for a broader view of standing, a federal appeals court in Washington, DC, has reversed the dismissal of a case brought over the 2014 cyberattack of health insurer CareFirst.
Features

Mixed Ruling in Jefferson Starship Band Name Suit
What's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.
Features

Delaware Corporate Law and Chancery Review
<b><I>Key Decisions from DE's Supreme Court and Court of Chancery</I></b><p>A few recent decisions from the Delaware Court of Chancery provide practical guidance for corporate executives regarding the standard of review that the courts will apply to challenges to executive compensation decisions.
Features

Cyber Crime Now Targeting Law Firms
Cyber attacks and theft are on the rise around the country, and law firms are becoming prime targets. Unlike manufacturers, banks and retailers, law firms are unique organizations that are highly vulnerable.
Features

<b><i>Online Extra</b></i><br>Trump Cybersecurity Council Resignations Could Mean Disruption for Cybersecurity Policy
The departure of eight members of the council could signal a strained relationship between the business sector and the government around cybersecurity policy.
Features

Is Anyone Reading Your Content?
<b><I>How to Make Sure They Do</I></b><p>Giving clients and prospects valuable information is a proven way to market, but to be effective it must be the right kind of content, both in terms of style and substance. It also needs to be marketed with your end goals in mind.
Features

Challenges to the Admissibility of Evidence in the 'Omics' Era
Even though the technology is cutting edge, the admissibility of expert testimony regarding genetic testing is subject to age-old rules. This article reviews some recent decisions regarding genomics, and provides practice pointers for litigators involved in these types of proceedings.
Features

A Broadening Consensus to Narrow Asset Forfeiture
It's important to keep informed of the trends in the realm of asset forfeiture, especially now that the current federal administration has announced its intention seek more asset forfeitures going forward. Here's why.
Features

<b><I>Competitive Intelligence:</I></b> Smart Plans: Integrating Analysis and CI into Annual Business Planning
Consider a smarter, more perceptive approach to business planning for 2018: one infused with data and focused not on what has been done before, but on what can be done in light of all available information.
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
- 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 ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- 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 ›