Cooperatives & Condominiums
A look at a case in which a tenant-in-common was not entitled to a stay of sale.
Features
When a Law Firm Partner Divorces
Going through a divorce can be tumultuous for everyone involved. When one of the parties is a partner in a law firm, those challenges are sometimes elevated for both the partner and the law firm.
Features
Information Sharing for the Information Age
As 2015 drew to a close, Congress agreed on a federal budget. That simple act, coming on the heels of a series of contentious continuing resolutions, was big news. But tucked away on page 694 of that 887-page bill was perhaps a more significant achievement. There Congress inserted, passed, and the President signed, the Cybersecurity Act of 2015.
Features
Gossip Column Has No Special Protection From Defamation Suit
Just because it's on "Page Six" of the <i>New York Post</i> doesn't mean it cannot be defamatory, according to the U.S. Court of Appeals for the Eleventh Circuit. The appellate court revived a defamation lawsuit by a member of The Fugees hip-hop group against the <i>Post</i> for an item in its "Page Six" gossip column, finding reasonable readers might take the story as true.
Features
CFPB Takes Step Into Cybersecurity Regulation
The Consumer Financial Protection Bureau (CFPB) has fired a shot across the bow of the burgeoning online-payment industry, taking an enforcement action this week that marked the agency's first foray into regulating cybersecurity.
Features
Intellectual Property
Intellectual Property (IP) is a highly complex type of property and, as we saw last month in Part One of this article, there are few cases addressing its valuation in the context of divorce. On top of this, because of the emphasis on mediation and arbitration, fewer cases are being litigated in the court system, resulting in fewer court decisions addressing these complex issues. That means there is less guidance for the practitioner, as different treatments of similar facts and great ways of addressing IP valuation remain unreported.
Features
<b><i>Online Extra:</b></i> Suit Against Hollywood Producers by 'Lost Boys' Clears Hurdle
A suit against Hollywood writers and producers by 54 refugees who became known as 'the Lost Boys' after they fled brutal persecution in Sudan has cleared an initial legal hurdle, a federal judge in Atlanta has ruled.
Features
<b><i>Online Extra:</b></i> Malware Increasingly Making Its Way into Organizations Through Social Media
To say 'social media is everywhere' these days may be slightly archaic. Of course it's everywhere. Chances are, you're reading this article with at least one social media application running or open in a browser right now. But why, then, aren't these social media platforms as secure as they could be? A new 'Best Practices for Social Media Archiving and Security' survey from Osterman Research found that although enterprise and consumer-focused social platforms abound in modern organizations, social media remains a threat for many companies.
Features
<b><i>Online Extra:</b></i> Separating Truth from Lies: Website Tips for Small and Mid-Sized Firms
Experts at the 'Truth and Lies of the Internet for Lawyers' panel at ABA Tech Show 2016 in Chicago conducted the one hour discussion in a way similar to the TV show 'Mythbusters' ' dispelling some of the common myths told to small and mid-sized firms looking to build their own business.
<b><i>Online Extra:</b></i> Cybersecurity Professionals Apprehensive on Government Access to Encrypted Data
A recent survey of security professionals takes these concerns to a new level, with 81% of respondents reporting they think it's 'very likely' or 'certain' that hackers can take advantage of the government's capability to access encypted data.
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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 ›
- 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 ›