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Bankruptcy Examiner Issues Report on Interest Conflicts of Caesars' Lawyers
Features
Evolving Science May Provide Coverage for Transgender Employees Under the ADA
A recent federal lawsuit could change the way employers need to structure their employment policies and procedures as they impact transgender employers under the Americans with Disabilities Act (ADA).
Second Circuit Examines Evolving Infringement Standard
Tasked with formulating a legal definition of "hard-core pornography" in 1964, U.S. Supreme Court Justice Potter Stewart demurred with the famous observation "I know it when I see it." Fifty years later, intellectual property lawyers might be forgiven for falling back on some similar formulation when asked to advise their clients on copyright infringement.
Features
EU Trademark Reform Is Now In Effect
After a long gestation, the EU trademark package entered force on March 23, 2016. It's intended to streamline the trademark application process and will be the largest reform to EU trademark law in 20 years. Here's a summary of the major revisions the entertainment industry should be aware for dealing with any trademark issues in Europe.
Features
Evolving Science May Provide Coverage for Transgender Employees Under the ADA
A recent federal lawsuit could change the way employers need to structure their employment policies and procedures as they impact transgender employers under the Americans with Disabilities Act (ADA).
Features
CT Court System Has Put GAL Training Sessions on Hold
Connecticut attorneys who would like to add guardian ad litem work to their practices need to undergo training first, but the state hasn't offered it in over two years and no new training sessions are scheduled.
Features
Discriminatory Animus Does Not Immunize Employee from Termination
Although a supervisor's discriminatory animus creates a multitude of issues for an employer, it does not, in and of itself, create liability where the supervisor is not the termination decision-maker. Here is a look at a recent case.
Features
The Limits of Liens in Proceeds Under Article 9
This is the second in a series of articles on liens in proceeds under Article 9 of the Uniform Commercial Code.
Case Notes
Discussion of a case in which a Berkeley Law Dean was sued for sexual harassment.
Leasing Can Make Your Information Security Processes Bullet Proof
Security issues are cited repeatedly as the number one concern for law firms and most recently topped all other current trends. This year, firms are estimated to spend more than $6.9 million or 1.92% of their gross annual revenues on information security.
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- 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 ›
- 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 ›