Features
Raising Capital
Given the vast competition for early stage venture capital and the increased scrutiny being applied by investors to valuations and business plans, it is more important than ever to approach capital raising thoughtfully. Here are four considerations for increasing your chance of success.
Features
Why Are You Still Using Wordpress?
Clients go online when they look for a lawyer, and if you are showing consumers a run-of-the-mill website, you will get predictably bad results.
EEOC Issues Proposed Guidance on Retaliation Claims
The EEOC is almost ready to issue its guidance on retaliation claims. Given the magnitude of these claims, such guidance is overdue. Here's what to expect.
Features
The First Five Years of the SEC Whistleblower Program
We mark the fifth anniversary of the Whistleblower program with this two-part retrospective. This month, we take a broad look at how the program intakes tips from Whistleblowers and what the SEC does with them. Next month, we will look more closely at the program's track record in issuing awards.
Features
EU-U.S. Privacy Shield Finalized
The European Commission concluded more than six months of negotiations both within the EU institutions and with the U.S. on July 12 with the announcement that an agreement had been reached on the Privacy Shield scheme to transfer data from the EU to the U.S.
The User-Friendly Proxy Statement
Attention, public companies: While your proxy statement is likely your most read disclosure document, its readership is spotty. Your retail owners and employees likely focus on some of the compensation information, but little else. Here's how to fix the problem.
Features
Electronic Discovery: A Level Playing Field?
Courts have sanctioned corporate defendants for years for failure to produce or preserve electronically stored information (ESI). There have been, however, a few decisions in which courts have imposed sanctions or other penalties on plaintiffs who destroyed ESI. The misconduct giving rise to sanctions has varied from fraud and bad faith to inadvertence.
Relativity, Netflix Battle Involves Interplay Between Bankruptcy and Streaming License
Entertainment companies be forewarned: Unlike standard civil litigation, a single bankruptcy proceeding can often include multiple seemingly unrelated adjudications that, in hindsight, have a much greater subsequent impact than an unsuspecting litigant might expect.
The Internet Is Not a Consequence-Free Zone
The ability to create, share, and misappropriate content ' all in an instant ' on social media has radically increased the number of unwitting copyright owners and infringers. Those who publish their musings, photographs, videos via Twitter, Facebook, Instagram or YouTube, for example, do not necessarily know that their content may be protected by copyright law. By the same token, those who make use of others' content typically give little thought to whether their actions constitute copyright infringement.
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- 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 ›