Features
Keeping an Eye on the Federal Trade Commission's View on Data Security Breaches by Companies
In recent weeks, the entertainment industry has been rattled by the hacking and public release beginning in November of a massive amount of internal documents and e-mails from Sony Pictures Entertainment. By mid-December, the incident had already generated several class action lawsuits, alleging negligence and violation of state statutes. But the frequent hacking of consumer information is a liability issue that entertainment companies must be prepared for, too.
Features
Cramdown Interest Rates in Chapter 11
In <I>Till v. SCS Credit Corp.</I>, theU.S. Supreme Court applied a formula to determine the appropriate cramdown interest rate with respect to the treatment of secured claims in a Chapter 13 case. However, <I>Till </I> left an unanswered question about how to determine an applicable cramdown interest rate for allowed secured claims in Chapter 11 cases.
Features
<b><i>Jancik v. Redbox Automated Retail</i></b>
<b><I>The Scope of the ADA's Special Products Exception</I></b>
Federal Circuit Again Addresses Patent-Eligibility Of Internet-Centric Claims
On Dec. 5, 2014, a divided Federal Circuit panel held that claims directed to systems and methods of generating a composite Web page combining certain visual elements of a "host" website with content of a third-party merchant were patent-eligible. However, the patent-eligibility of Internet-centric claims remains unsettled.
Features
<b><i>Marketing Tech</i></b>: Driving the Engagement Marketing Process With Technology
It is a commonly held belief that marketing is a combination of art and science. But now, science is gobbling up most of the equation. This article outlines the engagement marketing process, including how technology is driving each step.
Features
Making Your Net Work
Skilled social media navigators frequently brag about all the people they are "networked in" with ' scores, hundreds or even thousands of LinkedIn connections, Twitter followers or Facebook friends. But once you get it in reach, what happens then?
Why the Rise of Ascertainability Signals the Fall of 'All Natural' Consumer Class Actions
The filing of a consumer class action and the widespread publicity such a lawsuit draws often has an immediate adverse impact on the product, its brand, and its manufacturer. Taking control of these class actions early, containing them through appropriate corporate messaging, and ending them quickly at the class certification stage is therefore imperative, particularly in the food and beverage industry.
The Financial Impact Of IP Issues in M&A
Buyers often fail to consider the financial impact of intellectual property rights in M&A deals. While IP value can be difficult to determine, a target company's financials may rely on IP. For example, a company's financial outlook may be due to patent protection that provides exclusivity and prevents competitors from entering certain markets. It also may be due to goodwill associated with trademark protection, allowing a brand to charge a profitable premium over the competition.
Features
Business As Usual Despite Republican Control of Congress?
The midterm elections returned the Republicans to control of the Senate after an eight-year hiatus. Not surprisingly, the Republicans were elected on platforms opposing President Obama's policies. The surprise may be that the Democratic agenda may continue to prevail.
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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 ›