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Securing Your Information-Rich Employee Benefit Plans Image

Securing Your Information-Rich Employee Benefit Plans

Robert M. Projansky & Miriam S. Dubin

This article examines the cyber threat facing benefit plans, explores the applicable legal landscape, and recommends steps to better equip plans to prepare for and manage data breaches.

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Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision Image

Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision

Janice G. Inman

On June 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.

Features

The Food Safety Modernization Act Image

The Food Safety Modernization Act

Michael A. Leichtling

Comprising the largest rewrite of U.S. food safety regulations in more than 70 years, the Food Safety Modernization Act (FSMA), which was signed into law on Jan. 4, 2011, has broad implications for almost all constituents involved in the food and feed industry. But FSMA's effect on equipment lessors and other secured lenders requires some consideration and analysis.

Features

<b><i>Online Extra</b></i><br> Law Firms, Legal Departments Predicted to Focus More on IT Risk Image

<b><i>Online Extra</b></i><br> Law Firms, Legal Departments Predicted to Focus More on IT Risk

Ed Silverstein

Overall global spending in the information security services and products sector will total $86.4 billion this year, an increase of 7% over last year.

Features

In New York: Public Trust Doctrine Thwarts Retail Mall Image

In New York: Public Trust Doctrine Thwarts Retail Mall

Stewart E. Sterk

In <I>Matter of Avella v. City of New York</I>, the New York Court of Appeals enjoined development of a retail, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York. Here are the implications of that ruling.

Features

Psychological Subjugation: The Elusive Form of Abuse Image

Psychological Subjugation: The Elusive Form of Abuse

David A. Martindale

Mental health and legal professionals must devote more resources to studying the interpersonal dynamics of subjugation that is accomplished without resort to physical force, and the implications of these dynamics for the appropriate adjudication of custody/access disputes.

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The Alien Tort Statute Image

The Alien Tort Statute

Lanier Saperstein & Carol Lee

The U.S. Supreme Court will soon decide the long-awaited issue of whether corporations can be liable under the Alien Tort Statute (ATS), enacted by the First Congress more than 225 years ago.

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Is This Really Patentable? Image

Is This Really Patentable?

Louis L. Touton, Steven J. Corr & Nickou Oskoui

<b><i>Strategies to Defend Against Patent Claims by Raising Lack of Patentable Subject Matter in District Court Litigation</b></i><p>With the Supreme Court's decision in <i>Alice</i>, parties defending against a claim of patent infringement gained a potential way to find an early resolution to patent litigation.

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Diversity As a Differentiator in the Legal Profession Image

Diversity As a Differentiator in the Legal Profession

John J. Buchanan

One aspect of law firms that is becoming increasingly of interest to clients — and an area that might offer opportunities for differentiation — is law firm commitment to increasing and sustaining diversity.

Features

Copyright Royalty Board Gets E-Filing System Image

Copyright Royalty Board Gets E-Filing System

Rhys Dipshan

The Library of Congress' Copyright Royalty Board, the panel of three judges who set copyright royalty rates and settle related disputes, announced the launch of an electronic filing and case management system in an effort to streamline its manual and cumbersome case management processes.

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    Insiders (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.
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