Social Media Scene: Creating a Blogging Strategy When Blogging Isn't Your Business
Chances are that if you have started marketing yourself online, then you have a blog (or were told to have a blog). Here is what you need to know.
Columns & Departments
Case Notes
Discussion of two major rulings.
Features
Commercial Alternative Lending
An impressive amount of attention and money have been foisted upon the relatively nascent alternative finance market. Is it good or bad?
Immigration Status
To provide clarity to employers as to permissible questions that may be posed to prospective employees, the authors list the most common questions that corporate clients ask ' and provide recommendations.
Features
Supreme Court Preserves Fraud-On-the-Market Presumption in Securities Fraud Litigation
The U.S. Supreme Court recently issued its long-awaited decision in <I>Halliburton v. Erica P. John Fund, Inc.</I>, and the result was very much in line with the forecasts of those who predicted a kind of split decision.
Features
The Scope and Limits of Article 9
A discussion of the three major categories of personal property liens excluded from Article 9, in whole or in part.
If You're Not on Facebook, You're Committing Malpractice
Imagine you're cross-examining a witness about a phone call, but you've never used a telephone before. Ridiculous, right? But is it any different than wading into a new client matter where social media communications are at issue without having ever used social media?
Features
Insurance Coverage Disputes over Data Breaches
Each day, businesses become progressively more dependent on computers and the Internet to gather, store and protect information. But, as sophisticated as this technology may be, it has also proven to be susceptible to breaches, which have time and again resulted in the unauthorized access of confidential information.
Employee Departures and Data Loss
There are numerous ways to lose or fail to identify employee electronically stored information that could reasonably be relevant to litigation or a subpoena, and it seems that new sources appear regularly.
Features
Surviving the Medical Malpractice Claim
When a doctor or other health care provider learns that he or she is the subject of a medical malpractice suit, one of the first things the defendant will want to do is find the most top-flight legal representation possible. But how can the physician know which defense attorney is the right one for the case?
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- 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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- 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 ›