Features
Into the Dark: Patent Trend Post America Invents Act and <i>Alice</i>
Ah, the good old days. When the America Invents Act was being pushed through Congress in 2011, proponents of the proposed changes expounded on the virtues of a system that mirrored the patent practices of the majority of the industrialized world. But the unforeseen consequences of both the AIA and the seminal 2014 Supreme Court decision in <i>Alice v. CLS Bank</i> have created a hostile environment for patent portfolios, which has negative implications for investment in innovation and startups.
Features
A Cure By Any Other Name
Section 1123 (a)(5)(G) of the Bankruptcy Code provides that, "[n]otwithstanding any otherwise applicable nonbankruptcy law, a plan shall ' provide adequate means for the plan's implementation, such as ' curing or waiving of any default." But what, exactly, does it mean to cure a default?
Cooperatives & Condominiums
In-depth analysis of a ruling that said prohibition on signs did not violate the First Amendment.
Man-in-the-Middle Attacks
During the last week of December 2015, several law firms in New Jersey were the victims of non-trivial data breaches. Each firm was a victim of "man-in-the-middle" attacks, whereby a hacker first acquires access to a firm's server, then, using said access, the hacker redirects all e-mails associated with the firm's server to a hacker's server and subsequently changes payment information and other information in those e-mails to defraud the firm and others working with the firm.
Features
Mobile App Developer Agreements
Many companies that have had disputes with developers have been surprised to discover that the agreements signed, often without input from legal, failed to hold developers to measurable standards, give the company ongoing interest in deliverables, or provide meaningful remedies to problems that arise.
Features
The Rite of Spring: Preparing for the 2016 Proxy Season
More than ever before, public companies are finding proxy season to be an important opportunity to engage with governance-focused shareholders through proxy statements, investor presentations, and direct face-to-face engagement to provide them with the information they need to protect their investments.
Features
<b><i>In Re Revel AC</i></b>: The Third Circuit's Roadmap Around Equitable Mootness
Recently, the Third Circuit provided guidance on "how to conduct a balancing of the stay factors." While the court's analysis was not a shocking revelation, it provides significant guidance on the most effective way to avoid losing appeal rights to the hard-to-pin-down doctrine of equitable mootness.
Features
The Power of a Professional Video
Put yourself in a perspective client's shoes. You're in a bind and need a lawyer. What's the first thing you do? You ask someone you trust for a recommendation and visit the lawyer's website to learn more about him or her before making an initial call or appointment.
Features
'Gig Economy' Guarantees
Much has been written lately about this recent business concept that appears to be changing the way people work, and the nature of traditional jobs. Some of these companies have already become familiar household names ' Uber, Lyft, Airbnb and TaskRabbit ' and new companies that embrace this business model continue to emerge.
Features
ADR: NJ's Experience Shows Its Value to Family Law Practice
New Jersey has now embedded ADR not only in its legal lexicon, but in its way of resolving matrimonial disputes; NJ Rules of Court provide that methods of CDR "' constitute an integral part of the judicial process, intended to enhance its quality and efficacy.
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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 ›
- 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 ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›