Features
Significant UK Court Ruling on Data Protection Liability
The UK's Court of Appeal gave a very important judgment earlier this year in the so-called Vidal-Hall case concerning Google's Internet behavior tracking through a browser. The court found that: first, misuse of private information is now classified as a tort; and, second, financial compensation for distress caused by breaches of the Data Protection Act 1998 may now be claimed, despite there being no monetary loss.
Features
Peering Into Copyright Office's Report on Orphan Works
What happens when a party wants to use a photograph, image, writing or other work that may be subject to copyright protection, but cannot identify or locate the original author to secure permission? The dilemma these "orphan works" poses was the subject of a recent 106-page report by the U.S. Copyright Office. The report has left the creative world abuzz and, in many cases, aghast at the implications of proposed legislation some believe would effectively overhaul the U.S. Copyright Act.
Columns & Departments
Verdicts
Is the MCARE Act applicable to expert testimony when a nurse, not a physician, is a defendant? A Pennsylvania court says no.
Columns & Departments
Bit Parts
Attorney Fees Award to Victor Willis in Song Termination-Rights Litigation<br>New York Federal Court Supports Descendibility of Lanham Act False Endorsement Claims
Features
<b><i>In the Spotlight:</i></b> Winter Storm Perils
Weather conditions create many issues that need to be addressed. Make sure these issues are included in your lease, and that you are fully insured.
Features
<b><i>Ptaszsynski v. Atlantic Health Sys</i></b>.
The New Jersey Appellate Division's opinion in <I>Ptaszynski v. Atlantic Health Sys. Inc.</I> will impact not only New Jersey nursing home litigation, but also that state's medical malpractice litigation in general. Here's why.
Columns & Departments
Drug & Device News
Suits involving Risperdal and Cymbalta are discussed.
Features
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, 2015, including amendments to Delaware's corporation and LLC laws. It also looks at some recent cases of interest, including two decisions from Delaware's Chancery Court.
Features
Law Firm Profile: 'Law Firm with a View'
A look at Summit, and what it has achieved.
Features
New York City Adult-Use Zoning Held Unconstitutional
Litigation over New York City's adult use zoning regulations has been ongoing since the city's first effort ' in 1995 ' to use its zoning power to restrict adult uses. In the latest chapter in the long-running saga, the First Department, has declared unconstitutional the city's most recent amendments of its adult-use regulations.
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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 ›