Features
Collecting Social Security Numbers
The mere collection of SSNs may put businesses in violation of state laws, in addition to the liability they may face for failing to protect the SSN information.
Features
Establishing A Web Presence After A Merger
Merger activities typically disrupt "business as usual" and result in more questions than answers. This was particularly true when the law firms of Edwards Angell Palmer & Dodge LLP and Wildman Harrold Allen & Dixon LLP merged in 2011. Edwards Wildman's marketing efforts, specifically our online and digital Web presence, were quickly devoted to achieving a cohesive "one voice, one brand, one solution" approach, as we set out to redesign our website and digital persona.
Features
The Enforceability of Make-Whole Premiums in Bankruptcy
The treatment of prepayment premiums in bankruptcy has gained substantial attention in several recent bankruptcy cases. But in a situation where the borrower has the funds to repay the loan, there is frequently a dispute between lenders and unsecured creditors or equityholders who are looking at less than a full recovery on their claims.
Features
<i>Aereo</i>: The Uncertain Limits of What the Supreme Court Decided
On June 25, 2014, a 6-3 majority of the U.S. Supreme Court held that Aereo's streaming service ' which allowed customers to view over-the-air TV broadcasts via the Internet ' violated the broadcasters' public performance right under the Copyright Act. Applying what the dissent derided as "an improvised standard ('looks-like-cable-TV')," the majority held that Aereo infringed copyrights owned by the television networks.
Features
How a Lessor of Cows Can Ensure a 'True Lease'
Most lawyers in the equipment financing business in urban areas have never handled a deal involving animals, such as livestock. So this article is dedicated to those equipment leasing specialists ' and their attorneys ' who represent dairy producers, ranchers, or those who plan to retire to a farm or dude ranch.
Features
Peer-to-Peer Networks
Peer-to-peer e-commerce platforms seem to be popping up almost daily, touching nearly every vertical ripe for disruption, or at least providing just a little grease for the wheel.
Features
<i><b>BREAKING NEWS</i></b>Fourth Circuit Strikes Virginia's Same-Sex Marriage Ban
A divided federal appeals court on July 28 ruled that Virginia's ban on same sex marriage is unconstitutional.
More Family Law Reforms in the Works
At press time, a bill that reforms many elements of Connecticut's guardian <I>ad litem </I>(GAL) system was awaiting the signature of Gov. Dannel Malloy. If he signs it, no one will be particularly happy.
Business Crimes Hotline
Question on Appeal: Can Federal Prosecutors Reach Electronic Communications Abroad?
Features
Redaction: What You Need to Know
While the term <i>redaction</i> is well known in the legal community and government agencies, the term itself is new to those not in the fields mentioned above. Because of improper redaction making its way into the headlines, more and more people are seeing the term.
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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 ›